ERISA forfeiture class action litigation has continued to see various developments and potential new theories emerging in 2025. As Carlton Fields has previously reported, starting in late 2023, a new trend of lawsuits emerged...more
8/26/2025
/ 401k ,
Appeals ,
Class Action ,
Compensation & Benefits ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Forfeiture Statutes ,
Internal Revenue Code (IRC) ,
Prohibited Transactions ,
Retirement Plan
ERISA class action litigation against retirement plan fiduciaries remains a prominent feature of the legal landscape this year. These lawsuits typically involve allegations that plan fiduciaries acted imprudently in...more
1/27/2025
/ 401k ,
403(b) Plans ,
Class Action ,
Compensation & Benefits ,
cunning ,
Cunningham v Cornell University ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Oral Argument ,
Prohibited Transactions ,
Retirement Plan ,
SCOTUS
The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more
10/10/2019
/ 401k ,
Affiliated-Business Arrangements ,
Arbitration ,
Arbitration Agreements ,
Arbitration Procedural Rules ,
Breach of Duty ,
Charles Schwab ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Interlocutory Appeals ,
Investment Funds ,
Motion to Compel ,
Retirement Plan