Legal Insights & Case Updates | Miller Shah LLP Blog

September 23, 2021

International Business & Trade

Women Lawyers in Leadership Webcast to Feature Miller Shah LLP

Jayne A. Goldstein and Natalie Finkelman Bennett, partners at Miller Shah LLP, will be featured speakers at Women Lawyers in Leadership 2021, a live webcast airing on September 23, 2021. Additionally, Jayne is the Chairperson for this event. The program is designed to benefit women attorneys seeking to take their careers up a notch by striving for leadership positions. Agenda topics include the following: Getting a seat at the table…

September 22, 2021

Class Action, ERISA

ERISA: Court Denies Motion to Dismiss in IQVIA Lawsuit

On September 21, 2021, a District Judge in the United States District Court for the Middle District of North Carolina ruled that an ERISA class action lawsuit against IQVIA, Inc., the Board of Directors of IQVIA Holdings, Inc., and its Investment Benefits Committee (collectively, “IQVIA” or “Defendants”), was fit to proceed, denying IQVIA’s effort to dismiss the suit. IQVIA is the plan sponsor for the IQVIA 401(k) Plan (the “Plan”).…

September 17, 2021

Class Action, ERISA

Court Denies Motion to Dismiss in L Brands ERISA Lawsuit

On September 16, 2021, a district judge for the United States District Court for the Southern District of Ohio determined that a proposed class action lawsuit against L Brands, Inc., L Brands Service Company, LLC, and its Retirement Plan Committee, (collectively, “L Brands,” the “Company,” or “Defendants”) was fit to proceed, denying the Company’s attempt to dismiss the action. The lawsuit was brought on behalf of participants and beneficiaries of…

August 03, 2021

Class Action, ERISA

Omnicom ERISA Class Action Defeats Motion to Dismiss

On August 2, 2021, a District Judge in the United States District Court for the Southern District of New York ruled that the motion to dismiss the ERISA class action lawsuit against Omnicom Group, Inc. ("Omnicom"), the Administrative Committee of the Omnicom Group Retirement Savings Plan (“Administrative Committee”), and individual members of the Administrative Committee (collectively, “Defendants”) was granted in part and denied in part. All claims were allowed to…

July 23, 2021

Class Action, ERISA

Biogen ERISA Matter Overcomes Motion to Dismiss

On July 22, 2021, the United States District Court for the District of Massachusetts determined that a proposed class action lawsuit against Biogen, Inc. (“Biogen”) was fit to proceed, denying most of Biogen’s attempt to dismiss the legal action. Biogen is the plan sponsor for the Biogen 401(k) Plan (the “Plan”). With assets totaling over $1 billion, the Plan is in the top 0.1% of all 401(k) plans by size…

July 12, 2021

International Business & Trade

LA1: Miller Shah Secures $1.2 Million Judgment in Contract Dispute

On July 9, 2021, a District Judge in the United States District Court of Nevada entered her Amended Findings of Fact and Conclusions of Law, ordering, adjudging and decreeing three causes of action in favor of LA1, LLC (“Plaintiff” or “LA1”). Plaintiff was awarded both compensatory and punitive damages, totaling an excess of $1.2 million. The decision comes as a result of a week-long trial in which Plaintiff sought to…

June 29, 2021

Class Action, Consumer Protection

Bank of America: Judge Grants Initial Approval of Class Action Settlement

On June 28, 2021, a District Judge in the United States District Court for the District of New Jersey granted Plaintiffs’ unopposed motion for preliminary approval of class action settlement in an action against Bank of America, N.A. The Court preliminarily approved the Settlement Agreement as fair, reasonable, and adequate. The lawsuit, initially filed in 2020 by attorneys from Miller Shah LLP, alleges that Bank of America “knowingly concealed, suppressed,…

May 06, 2021

ERISA, Class Action, Employee Benefits

Class Action ERISA Lawsuit Against Quest Diagnostics to Proceed

On May 4, 2021, a District Judge in the United States District Court for the District of New Jersey ruled that a class action lawsuit against Quest Diagnostics Incorporated (“Quest”), the Quest Benefits Administration Committee (“Administrative Committee”), the Quest Investment Committee (“Investment Oversight Committee”), and individual members of the Committees (collectively, “Defendants”) was fit to proceed, denying Defendants’ attempt to dismiss the legal action. The lawsuit is being brought on…

April 23, 2021

ERISA, Class Action, Employee Benefits

Zachry ERISA Litigation: Motion to Dismiss Denied

On April 22, 2021, a District Judge in the United States District Court for the Western District of Texas ruled that the motion to dismiss the class action lawsuit against Zachry Holdings, Inc. (“Zachry”), Chief Executive Officer of Zachry, the Compensation and Benefits Committee of Zachry (“Committee”), and Does 1-20 (collectively, “Defendants”) was denied, allowing Plaintiffs' claims to proceed. Zachry offers the ZHI 401(k) Retirement Savings Plan (“the Plan”), a…

April 01, 2021

Class Action, ERISA

Coca-Cola Bottling Company Can’t Shake Lawsuit Over Mismanaged Retirement Plans

On March 31, 2021, a district judge for the United States District Court for the Western District of North Carolina determined that a class action lawsuit against Coca-Cola Consolidated, Inc., and its Corporate Benefits Committee (collectively, “Coke Bottling,” the “Company,” or “Defendants”), was fit to proceed, denying the Company’s attempt to dismiss the legal action. The lawsuit stems from allegations that the Company mismanaged its defined contribution retirement plan (the…

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