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
Happy New Year! In the first blog of the year we are pleased to report a Kantor & Kantor victory in Wallace v. Int’l Paper Co., No. 2:20-CV-02478-SHL, __F.Supp.3d__, 2020 WL 7643134 (W.D. Tenn. Dec. 23, 2020). In a nutshell, this case is about a plan participant who was successful in defeating two
This week’s notable decision comes from the Sixth Circuit in Zirbel v. Ford Motor Company, ___F.3d___, 2020 WL 6704157 (6th Cir. 2020). Plaintiff Donna Zirbel received a $351,000 retirement-benefits payment from Ford Motor Company (“Ford”). But the payment was two sizes too big. When Ford learned of the mistake, it asked for the extra money back. Zirbel refused. She sued Ford, seeking a declaration that she could keep the money. Ford stood by its decision. The district court granted summary judgment to Ford, requiring Zirbel to return the $243,190 in overpayments. Plaintiff appealed and the Sixth Circuit affirmed.
Continue Reading Sixth Circuit Permits Ford Motor Company an Equitable Lien on Overpaid Retirement Benefits