In our two cases of the week, 401(k) plan fiduciaries defeated claims by participants that they breached their duties under ERISA with respect to investment fees.
In the first case, Albert v. Oshkosh Corp., No. 21-2789, __ F.4th __, 2022 WL 3714638 (7th Cir. Aug. 29, 2022) (Before Circuit Judges Easterbrook, St. Eve, and
Plaintiffs prevailed in this week’s two notable decisions, but not entirely. In the first decision, the Sixth Circuit allowed a portion of a pension case alleging excessive investment fees to proceed. In the second case, the Fourth Circuit addressed welfare plan vesting and found, under the highly unusual circumstances of the case, some retirees could proceed with their claim for life insurance benefits.
Continue Reading Sorry ABBA, No Winner Takes It All In These Two Cases of the Week
United Mine Workers of Am. 1974 Pension Plan v. Energy W. Mining Co., No. 20-7054, __ F. 4th __, 2022 WL 2568025 (D.C. Cir. Jul. 8, 2022) (Before Circuit Judges Rao, Walker, and Sentelle).
We have rarely selected a withdrawal liability case as the Case of the Week, but this decision from the D.C. Circuit siding, with a mining company that withdrew from a multiemployer defined benefit pension plan, is an interesting exception.
Continue Reading The D.C. Circuit Rules That Past is Prologue in Withdrawal Liability Dispute