Plaintiffs want a retrial to change a jury’s determination that there were no damages from a fiduciary breach involving Yale’s retirement plan. The DOL supports them. Which standard applies?.
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Should courts second guess public pension plan investment decisions? This motion to dismiss points out that participants’ benefits are affected by specific investments.
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Most ERISA lawsuits don’t get to trial, but a recent decision in a 401(k) fiduciary breach lawsuit shows that fiduciaries who follow prudent processes can win.
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Mandatory arbitration of ERISA claims could curb class action litigation, but open issues remain. Careful drafting is a must.
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We still have no final word from the courts on the enforceability of ERISA mandatory arbitration provisions, but plan sponsors can increase the chances that their mandatory arbitration policies will be upheld by reviewing the reasoning in recent cases. That’s assuming that Congress doesn’t act.
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ERISA litigation doesn’t only target 401(k) plans and ESOPs. Here are some current lawsuits challenging defined benefit plan practices.
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