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Your ERISA Watch

Current Developments in ERISA Law Around the Nation

Breach of Fiduciary Duty

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Second Circuit Raises the Pleading Bar for Excessive Fee Claims

By Peter Sessions on December 18, 2024
Posted in Breach of Fiduciary Duty

Singh v. Deloitte LLP, No. 23-1108, __ F.4th __, 2024 WL 5049345 (2d Cir. Dec. 10, 2024) (Before Circuit Judges Livingston, Nardini, and Robinson)

One of the mainstays of ERISA litigation in recent years has been class actions against employers for allegedly breaching their fiduciary duties in the management of employee retirement plans. Large…

Sixth Circuit Clarifies That Plaintiffs Must Plead, Not Prove, Excessive Fees

By KKLP Marketing on November 27, 2024
Posted in Breach of Fiduciary Duty

Johnson v. Parker-Hannifin Corp., No. 24-3014, __ F.4th __, 2024 WL 4834717 (6th Cir. Nov. 20, 2024) (Before Circuit Judges Moore, Murphy, and Bloomekatz)

We’re bringing you an abbreviated Your ERISA Watch this week because of the holiday. In that spirit, we are covering only one case, but it is far from a turkey…

John Hancock, Not 401(k) Plan, Receives Fruit of Foreign Tax Credits in Pooled Investments

By Emily Payson on November 6, 2024
Posted in Breach of Fiduciary Duty

Romano v. John Hancock Life Ins. Co. U.S., No. 22-12366, __ F. 4th __, 2024 WL 4614701 (11th Cir. Oct. 30, 2024) (Before Circuit Judges Jordan, Brasher, and Abudu)

The earliest usage of the word “windfall” traces back to the 15th century, and its original meaning referred, as the name suggests, to fruit…

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