In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target...more
Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a putative class action in the U.S. District Court for the Middle District of North...more
10/16/2019
/ 401k ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Exempt Organizations ,
Failure To State A Claim ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Motion to Dismiss ,
Nonprofits ,
Pensions ,
Putative Class Actions ,
Retirement Plan ,
Subject Matter Jurisdiction
In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan’s fees...more
8/30/2019
/ 401k ,
Arbitration ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action Arbitration Waivers ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Motion to Compel ,
NLRA ,
Prohibited Transactions ,
Putative Class Actions ,
Unenforceable Contract Terms
Having settled many of its attacks on pension plans sponsored by several large church-affiliated healthcare organizations, the plaintiff’s bar appears to be shifting focus to pension and welfare benefit plans maintained by a...more
On July 24, 2018, the Ninth Circuit Court of Appeals ruled in Munro v. University of Southern California, No. 17-55550, that an employer/fiduciary of a 401(k) plan cannot force a fiduciary breach claim under Employee...more
7/31/2018
/ 401k ,
Appeals ,
Arbitration ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Fiduciary Duty ,
Mandatory Arbitration Clauses ,
Retirement Plan ,
University of Southern California (USC)