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