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Category Archives: ERISA

July 27

Yale Agrees to Class Certification in ERISA Class Action Lawsuit

On June 29, 2023, Yale New Haven Hospital (“Yale”) agreed to certify a class of over 26,000 current and former participants of the Yale-New Haven Hospital and Tax Exempt Affiliates Tax Sheltered Annuity Plan (the “Plan”) in a lawsuit against Yale-New Haven Hospital, Inc., the Board Of Trustees of Yale-New Haven Hospital, Inc., the System Investment Committee of Yale New Haven Health Service Corp. and System Affiliates, and the Retirement…

July 21

ERISA

Miller Shah LLP Secures Preliminary Approval of $2.45 Million Settlement in Omnicom ERISA Class Action

On July 5, 2023, the honorable Colleen McMahon of the United States District Court for the Southern District of New York approved a $2.45 million settlement of class action claims alleging that Omnicom Group, Inc. (“Omnicom” or the “Company”) mismanaged its defined contribution retirement plan (the “Plan”) by subjecting Plan participants to excessive fees and risky, high-cost investment options. The class action began in 2020, when former Omnicom employees Carol…

April 28

Class Action, ERISA

Seventh Circuit Ruling Against Northwestern University Clarifies Pleading Standard for ERISA Fiduciary Duty Claims

On March 23, 2023, the U.S. Court of Appeals for the Seventh Circuit, on remand from the Supreme Court, explained how the “plausibility” pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), should be applied to breach of fiduciary duty claims under the Employee Retirement Income Security Act (“ERISA”). The Court’s ruling reversed and remanded claims the district court…

April 19

Class Action, ERISA

Miller Shah LLP Finalizes $12.5 Million Settlement with Universal Health Services

On March 30, 2023, U.S. District Judge Mark Kearney granted final approval of a $12.5 million settlement (“Settlement”) reached in a class action lawsuit against Universal Health Services, Inc., the Universal Health Services Retirement Plans Investment Committee (“Investment Committee”), and Does No. 1-10, who are members of the Investment Committee or other fiduciaries of the Universal Health Services, Inc. Retirement Savings Plan (“Plan”) (collectively, “Defendants” or “Universal”). The Settlement resolves…

March 30

Class Action, ERISA

Parties Seek Preliminary Approval of $6.75 Million Settlement in LinkedIn 401(k) Suit

On March 3, 2023, Plaintiffs, Douglas G. Bailey, Jason J. Hayes, and Marianne Robinson (collectively, “Plaintiffs”), filed an unopposed motion for preliminary approval of a $6.75 million settlement (“Settlement”) of their class action litigation against LinkedIn Corporation, the Board of Directors of LinkedIn Corporation, and the LinkedIn Corporation 401(k) Committee (collectively, “LinkedIn” or “Defendants”). The Settlement resolves allegations that LinkedIn mismanaged the LinkedIn Corporation 401(k) Profit Sharing Plan and Trust…

March 14

Class Action, ERISA

Sutter Health ERISA Plaintiffs Overcome Motion to Dismiss

On February 9, 2023, the Honorable Jennifer L. Thurston of the United States District Court for the Eastern District of California determined that class action claims alleging breaches of fiduciary duties under the Employee Retirement Income Security Act (“ERISA”) survived the motion to dismiss filed by Sutter Health and the Retirement Benefits Investment Committee of Sutter Health (together, “Defendants”). ERISA is a federal statute that protects workers by establishing standards,…

February 13

Class Action, ERISA

Miller Shah LLP Secures $2.75 Million Settlement in L Brands ERISA Suit

On January 31, 2023, the Honorable Edmund A. Sargus, Jr. of the United States District Court for the Southern District of Ohio granted final approval of a $2.75 million settlement (“Settlement”) in a class action lawsuit against L Brands, Inc. (“L Brands”), the former parent company of Victoria’s Secret, as well as L Brand Service Company LLC and the Retirement Plan Committee of the L Brands, Inc. 401(k) Savings and…

February 01

Class Action, ERISA

New England Energy Provider Cannot Preclude a Jury Trial

On December 7, 2022, United States District Judge Janet C. Hall of the District of Connecticut partially denied the Motion to Strike Plaintiffs’ Jury Demand (“Motion”) filed by New England energy provider Eversource Energy Company (“Eversource”), the Board of Directors of Eversource Energy Company (“Board”), the Eversource Plan Administrative Committee (“Administrative Committee”), the Eversource Investment Management Committee (“Investment Committee,” and, with the Administrative Committee, “Committees”), and named members of the…

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…

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