The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc....more
The U.S. Court of Appeals for the Tenth Circuit issued its decision in Matney v. Barrick Gold of North America, et al. on Sept. 6, 2023, finding that participants in an employer-sponsored defined contribution retirement plan...more
9/27/2023
/ Appeals ,
Appellate Courts ,
Benchmark Pricing ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Defined Contribution Plans ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Excessive Fees ,
Fiduciary ,
Investment Management ,
Investment Trust Companies ,
Pleading Standards ,
Recordkeeping Requirements ,
Retirement Plan
In Halperin v. Richards, the U.S. Court of Appeals for the Seventh Circuit considered whether the Employee Retirement Income Security Act of 1974 (ERISA) preempted certain state-law corporate liability claims against officers...more
8/24/2021
/ Breach of Duty ,
Business Valuations ,
Commercial Bankruptcy ,
Conflicts of Interest ,
Corporate Liability ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
ESOP ,
Fiduciary ,
Financial Adviser ,
Preemption ,
State Law Claims
Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more
4/1/2021
/ Appeals ,
Arbitration ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
ERISA Litigation ,
ESOP ,
Federal Arbitration Act ,
Fiduciary Duty ,
Motion to Compel ,
Split of Authority ,
Unenforceable Contract Terms
The U.S. District Court for the Western District of Virginia has awarded the Sentry Equipment & Erectors Inc. Employee Store Ownership Plan (the ESOP) $6.5 million for the ESOP's overpayment for the founding shareholder's 52...more
• The U.S. District Court for the Southern District of Ohio has ruled that the arbitration provision of an employee stock ownership plan (ESOP) does not apply to the plaintiff's class representative because she had "cashed...more
8/14/2018
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Class Representatives ,
ESOP ,
Fiduciary Duty ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Standing ,
Trustees
• The U.S. Court of Appeals for the Ninth Circuit's recent decision in Munro v. University of Southern California concluded that an arbitration provision in individual employment contracts could not be used to compel...more
7/31/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Mandatory Arbitration ,
Mismanagement ,
Plan Documents ,
Retirement Funds ,
Section 409A