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Category Archives: ERISA

January 03

ERISA, Employment

Miller Shah LLP Secures Preliminary Approval of $12.5 Million Settlement in Universal ERISA Class Action

On October 31, 2022, United States District Judge Mark Kearney of the Eastern District of Pennsylvania approved a $12.5 million settlement of class action claims alleging that Universal Health Services, Inc. (“Universal” or the “Company”) mismanaged its defined contribution retirement plan (the “Plan”). Plaintiffs, former Universal employees Mary Boley, Kandie Sutter, and Phyllis Johnson (collectively, “Plaintiffs”) specifically alleged that the Company mismanaged the Plan by incorporating excessive fees and risky,…

November 09

Class Action, ERISA

Beth Israel Settles ERISA Class Action for $2.9 Million

On October 18, 2022, Plaintiffs filed an unopposed motion for preliminarily approval of a $2.9 million settlement agreement (“Settlement”) reached between Plaintiffs and Beth Israel Deaconess Medical Center, Inc. (a teaching hospital of Harvard Medical School) (“Beth Israel”), the Board of Directors of Beth Israel Deaconess Medical Center, and the Pension Committee of Beth Israel Deaconess Medical Center (collectively, “Defendants”). Plaintiffs, represented by Miller Shah LLP, sued Defendants on behalf…

November 05

Class Action, ERISA

Court Certifies 30,000-Member Class in ERISA Lawsuit Against Genentech

On September 22, 2022, a District Judge in the United States District Court for the Northern District of California certified a class of over 30,000 people in a lawsuit against Genentech, Inc., and the U.S. Roche DC Fiduciary Committee (collectively, “Genentech,” the “Company,” or “Defendants”). The Court defined the Class as “all participants and beneficiaries in the U.S. Roche 401(k) Savings Plan (the “Plan”) at any time on or after…

November 01

ERISA

ERISA Lawsuit: PNC Class Certified

On September 16, 2022, the Honorable Christy Criswell Wiegand of the Western District of Pennsylvania certified a class of over 65,000 current and former participants of the PNC Financial Services Group, Inc. Incentive Savings Plan (the “Plan”) in an ERISA lawsuit against PNC Financial Services Group, Inc. (“PNC”) and the PNC Financial Services Group, Inc. Incentive Savings Plan Administrative Committee (collectively, “Defendants”). PNC is the plan sponsor for the Plan.…

October 06

Class Action, ERISA

Booz Allen Hamilton to Face ERISA 401(k) Plan Mismanagement Class Action

On August 1, 2022, Michael Tullgren (“Plaintiff”) filed a complaint on behalf of himself and similarly situated class members against Booz Allen Hamilton Inc. (“Booz Allen” or “Defendants”) in the United States District Court for the Eastern District of Virginia. Booz Allen, a management and information technology consulting firm, is the plan sponsor for the Booz Allen Hamilton Inc. Employees’ Capital Accumulation Plan (the “Plan”). As of December 31, 2020,…

September 30

Class Action, ERISA

Capital One Sued for Mismanagement of $7.85 Billion 401(k) Plan

On August 1, 2022, Andre Hall and Jermaine Minitee (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against Capital One Financial Corporation (“Capital One” or “Defendants”) in the United States District Court for the Eastern District of Virginia. Capital One is the plan sponsor for the Capital One Financial Corporation Savings Plan (the “Plan”). As of December 31, 2020, the Plan had over 60,000…

September 23

Class Action, ERISA

Cintas Corporation files Petition for Writ of Certiorari after Sixth Circuit Appeal is Denied

On September 8, 2022, Cintas Corporation (“Cintas” or “Defendants”) filed a petition for a Writ of Certiorari (“Petition”) after the United States Court of Appeals for the Sixth Circuit affirmed the Southern District of Ohio’s denial of a motion to compel arbitration. The Sixth Circuit upheld the District Court’s determination that the defined contribution Cintas Partners’ Plan (the “Plan”) had not consented to arbitration and, therefore, did not fall within…

September 12

Class Action, ERISA

L Brands Settles ERISA 401(k) Class Action for $2.75 Million

On August 11th, 2022, Plaintiffs filed a Motion for Preliminary Approval of the settlement agreement reached in a class action lawsuit against L Brands, Inc., L Brands Service Company, LLC, and its Retirement Plan Committee (collectively, “L Brands,” the “Company,” or “Defendants”). The lawsuit was brought on behalf of participants and beneficiaries of L Brands Inc. 401(k) Savings and Retirement Plan (the “Plan”). L Brands, otherwise known as Bath &…

September 06

Class Action, ERISA

Universal Decision Paves Way for Future ERISA Class Actions

On June 30, 2022, the Honorable Edward G. Smith of the United States District Court for the Eastern District of Pennsylvania certified a class of over 63,000 former employees and retirees of B. Braun Medical Inc. (the “Company”) in a class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (“ERISA”). The decision follows the Third Circuit’s recent ruling in Boley v. Universal Health Systems. ERISA is…

August 29

Class Action, ERISA

Employees Sue Microsoft for Investing in Inferior 401(k) Funds

On August 2, 2022, Justin Beldock, Gordon Broward, and Shaadi Nezami (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against their former employer, Microsoft Corporation (“Microsoft”), in the United States District Court for the Western District of Washington. Microsoft is the plan sponsor for the Microsoft Corporation Savings Plus 401(k) Plan (“the Plan”). As of December 31, 2020, the Plan had over 135,000 participants…

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