Consumer Fraud Legal News Articles & Interviews

Grand Rapids, MI On July 28, a three-judge panel for the Sixth Circuit heard arguments in Bradley Fleming v. Kellogg Co. a lawsuit that addresses, once again, the question of whether claims of fiduciary mismanagement against an ERISA plan can be forced into arbitration. It is significant that Fleming’s ERISA lawsuit advances claims against the Kellogg Company Savings and Investment Plan on behalf of the plan itself, as well as the plan’s individual participants. To date, the panel has not yet rendered a decision.

Memphis, TN On August 20, the Sixth Circuit refused to force participants in two related 401k plans, the "DRiV Plan" and the "Tenneco Plan,” to arbitrate claims that the plans wasted workers’ retirement money by offering sub-par investment choices. At first blush, Parker v. Tenneco, Inc., looks like one of many cookie-cutter ERISA lawsuits that allege sloppy financial management and the price that working folks pay.

Santa Clara, CA Sadly, another infant formula lawsuit has been lodged against Abbott Nutrition by parents of a baby who died last year allegedly from its bacteria-tainted infant formula. Cow milk-based infant formulas such as Similac and Enfamil have been linked to a dangerous and potentially deadly neonatal medical condition known as necrotizing enterocolitis (NEC), in which bowel tissue dies.

Santa Clara, CA The first lawsuit to go to trial against baby formula maker Abbott last month resulted in a Missouri state court jury awarding $495 million to a family who claimed their infant daughter developed necrotizing enterocolitis (NEC) after receiving Similac while in a neonatal intensive care unit. The first trial against the Enfamil formula maker in March 2024 ended with a $60 million verdict to the mother of a premature baby who died of NEC. 

Houston, TX On March 28, Judge George C. Hanks of the Southern District of Texas held that more than 7,000 North Slope Alaskan pipeline retirees who had participated in the BP America Retirement Plan (BP plan) were entitled to equitable relief under Section 502(a)(3) of ERISA. Guenther v. BP Retirement Accumulation Plan, a long-running ERISA lawsuit, alleges that BP "committed fraud or similarly inequitable conduct" in how it announced a pension formula change more than 30 years ago.

New Orleans, LA On July 9, the Fifth Circuit Court of Appeals heard a new challenge to a Department of Labor rule, which permits ERISA plan fiduciaries to consider environmental, social and governance (ESG) factors in their plan investment decisions.

San Diego, CA – On May 24, the Southern District of California denied Qualcomm Inc.’s motion to dismiss a class action 401k lawsuit brought by participants in the Qualcomm Incorporated Employee Savings and Retirement Plan. Perez-Cruet v. Qualcomm, Inc. alleges that Qualcomm violated the fiduciary duty and anti-inurement provisions of ERISA by using the forfeited money to reduce future employer matching contributions instead of eliminating the expenses that were charged to participant accounts.

New York, NY On May 31, U.S. District Court Judge Katherine Polk Failla denied Teachers Insurance and Annuity Association of America’s (TIAA) motion for summary judgment in a lawsuit that accused the insurance giant of aggressive and misleading sales tactics. TIAA’s “fear selling” strategy was crafted to persuade pension plan participants to move their accounts out of ERISA-protected plans into more expensive proprietary investment products marketed by TIAA.

Santa Clara, CA Despite all the positives that can come with owning a car, car ownership still comes with some responsibilities--from ensuring the automobile is roadworthy to obtaining and renewing the necessary license and beyond. Understanding how to navigate the automotive legal landscape is another crucial aspect to consider, and at times it might feel like driving through a maze without a clear map.

Baltimore, MD On February 1, 2022, the District Court of Maryland ordered Bicallis LLC and its owner, Bryan Hill to restore missing contributions to the Bicallis 401(k) Plan. Bicallis was a Baltimore-based logistics, engineering and management support services company with 25 employees. The contributions were owed to the pension plan under the law and the express terms of the plan.