On remand from the U.S. Supreme Court, the Seventh Circuit issued its opinion in Hughes v. Northwestern University, concluding that participants in two Northwestern 403(b) plans plausibly pled fiduciary-breach claims based on...more
4/4/2023
/ 403(b) Plans ,
Breach of Duty ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Investment Management ,
Northwestern University ,
Pleading Standards ,
Recordkeeping Requirements ,
SCOTUS
The filing of a new 401(k) plan “excessive fee” or “investment underperformance” complaint is hardly “news” these days given the proliferation of suits that have been filed over the past several years. In fact, hardly a week...more
In a striking reversal of approach beginning in the summer of 2022, the District Court for the Eastern District of Wisconsin went from denying, in whole or in part, virtually every motion to dismiss ERISA lawsuits targeting...more
2/2/2023
/ 401k ,
403(b) Plans ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Hughes v. Northwestern University ,
Investment ,
Revenue Sharing ,
SCOTUS
On the heels of several recent court decisions concerning gender-affirming care, a federal district court in Washington concluded that the denial of benefits for gender-affirming care by a third-party administrator (“TPA”)...more
The Seventh Circuit recently provided a ray of sunshine in what has largely been a gloomy stretch for plan sponsors and fiduciaries defending ERISA breach of fiduciary duty claims based on allegedly excessive investment and...more
9/8/2022
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Motion for Summary Judgment ,
SCOTUS
Since the Supreme Court’s ruling in Fifth Third Bancorp v. Dudenhoeffer, courts around the country have overwhelmingly rejected ERISA fiduciary-breach claims by 401(k) plan participants seeking relief related to investments...more