Judge Denies Motion to Dismiss – PNC ERISA Class Action

On March 31, 2022, the Honorable Christy Wiegand, a Judge for the United States District Court in the Western District of Pennsylvania, granted in part and denied in part Defendants’ motion to dismiss a class action alleging PNC Financial Services Group Inc. mismanaged its defined-contribution 401(k) retirement plan.

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Miller Shah Secures Preliminary Approval of $3.5 Million Settlement in Coca-Cola Bottling ERISA Class Action

On March 8, 2022, United States District Judge Frank D. Whitney of the Western District of North Carolina approved a $3.5 million settlement of class action claims alleging the Company mismanaged its defined contribution retirement plan. Represented by Miller Shah, two former Coca-Cola Bottling employees specifically alleged that the Company mismanaged the Plan by incorporating excessive fees and risky investment options.

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Novitex ERISA: Miller Shah Secures a $750,000 Settlement

On September 17, 2021, U.S. District Judge Michael P. Shea granted final approval of a proposed $750,000 Settlement in a class action against Exela Enterprise Solutions, Inc. and the Novitex Enterprise Solutions Employee Benefits Committee. The Settlement resolves allegations that Exela breached their fiduciary duties to participants in the Company’s defined contribution 401(k) plan.

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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, was fit to proceed, denying the Company’s attempt to dismiss the action. The lawsuit was brought on behalf of participants and beneficiaries of the plan, who allege that the company mismanaged its defined contribution plan.

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