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Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings

Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings September 6, 2021. By Anne Wallace.
Miami, FL  On August17, three former participants in the Baptist Health South Florida, Inc. 403(b) Employee Retirement Plan (BHSF Plan) sued plan fiduciaries for breaching their duty of loyalty and prudence to participants and beneficiaries by paying “astronomical” management fees. The named plaintiffs in the ERISA lawsuit seek to represent more than 23,500 current and former participants.
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YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification

YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification August 16, 2021. By Anne Wallace.
Los Angeles, CA On July 9, Tim Alders, formerly an Executive Recruiter for YUM Brands Inc. and Taco Bell Corp. filed an ERISA lawsuit alleging that the fast-food conglomerates deprived him of pension and other benefits by deliberately misclassifying him as an independent contractor, rather than an employee. Tim Alders v. YUM, Inc. is neither a standard-issue misclassification lawsuit (many of which are brought by hourly-wage workers, cheated of California wage protections) or a variation of now-familiar ERISA fiduciary breach action. Rather, it is creative combination of the two. The lawsuit makes painfully clear how much long-term contractors (even the well-paid ones) lose when they are paid as casual workers.

  
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ERISA Lawsuit Alleges DuPont Underpaid Retirees

ERISA Lawsuit Alleges DuPont Underpaid Retirees July 21, 2021. By Anne Wallace.
Wilmington, DE M.P. Moon will have another chance to persuade a Delaware federal court that DuPont and its corporate predecessors and successors cheated him and similarly situated retirees of thousands of dollars in pension benefits. His ERISA lawsuit describes years of misinformation, followed by internal procedural rules that protected DuPont from the necessity of correcting its own error.
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Jander ERISA Lawsuit Settles, but Leaves Questions

Jander ERISA Lawsuit Settles, but Leaves Questions July 9, 2021. By Anne Wallace.
New York, NY Jander v. Retirement Plans Committee of IBM, a long-running employee stock ownership lawsuit, settled on April 2, 2021 for $4.75 million. The attorneys who represented the retirement plan participants have now requested $1.4 million in fees for the latest Supreme Court phase of the case. In deciding whether to approve the fee, the Southern District of New York will consider the time and effort the lawyers expended.
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Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund

Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund June 14, 2021. By Anne Wallace.
Kalamazoo, MI On May 6, Susan Gleason and Candi Gabrielse filed a class action ERISA lawsuit against Bronson Healthcare Group Inc. in the Western District of Michigan. Gleason v. Bronson Healthcare is an example of increasingly distinctive subtype of breach of fiduciary duty lawsuits that focus on the relative cost and performance of two Fidelity investment funds, both of which were part of the Bronson Healthcare Group, Inc. 403(b) Tax Sheltered Matching Plan.
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ERISA Lawsuit against the University of Miami Cites Excessive Fees

ERISA Lawsuit against the University of Miami Cites Excessive Fees May 17, 2021. By Anne Wallace.
Miami, FL  On April 5, the four named plaintiffs in Santiago v. University of Miami asked the Southern District of Florida to certify a class of roughly 16,000 beneficiaries of and participants in the University of Miami Savings Plan. Their ERISA lawsuit alleges that the University breached its duties of loyalty and prudence by permitting the Plan to incur unreasonable and excessive administrative fees by failing to engage in an appropriate process designed to evaluate and monitor administrative expenses.
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KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs

KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs May 10, 2021. By Anne Wallace.
Dallas, TX On April 15, two participants in the Kimberly-Clark Corporation 401(k) & Profit Sharing Plan filed a class action ERISA lawsuit in the federal District Court for the Northern District of Texas. Seidner v. Kimberly-Clark Corp. alleges that plan fiduciaries violated ERISA by failing to monitor plan administrative expenses, thus wasting the participants’ retirement savings and depriving them of the opportunity for investment growth over time.
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Did Detroit Edison Mislead Retirees about Benefits?

Did Detroit Edison Mislead Retirees about Benefits? April 13, 2021. By Anne Wallace.
Cincinnati, OH  On March 23, the Sixth Circuit revived an ERISA lawsuit that alleges that Detroit Edison Co. misled plan participants about the benefits they could expect at retirement when the plan design was changed in 2002. The Appeals Court’s decision in Nolan v. Detroit Edison Co. gives the participants a fresh opportunity to show that the disclosure to participants about the plan’s conversion to a cash balance plan failed to meet basic ERISA requirements. Nolan seeks class action status.
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Insurer May Renew Defense in Tangled ESOP Lawsuit

Insurer May Renew Defense in Tangled ESOP Lawsuit April 2, 2021. By Anne Wallace.
Detroit, MI On March 4, The District Court for the Eastern District of Michigan held that Great American Fidelity Insurance Co. (Great American) could renew its argument that it should not be required to defend Stout Risius Ross (Stout) against a claim by Appvion Retirement Savings and Employee Stock Ownership Plan (Appvion ESOP). Great American Fidelity Insurance Co. v. Stout Risius Ross Inc., an insurance contract claim, is one piece of the fallout from the sprawling ERISA lawsuit that includes Appvion v. Buth. The facts are complicated.
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Federal Court Okays Class Action Status for 401k Mismanagement Lawsuit

Federal Court Okays Class Action Status for 401k Mismanagement Lawsuit March 15, 2021. By Anne Wallace.
Philadelphia, PA On March 8, the U.S. District Court for the Eastern District of Pennsylvania granted class action status to plaintiffs in Boley v. Universal Health Services. The ERISA lawsuit claims that fiduciaries of the Universal Health Services Inc. Retirement Savings Plan mismanaged the 401k plan in violation of ERISA.
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