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Category Archives: ERISA

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 31

ERISA, Class Action

Omnicom ERISA: Federal Judge Denies Motion for Summary Judgment

On December 23, 2022, the Honorable Colleen McMahon, a District Judge in the United States District Court for the Southern District of New York, largely denied the motion for summary judgment (“Motion”) filed by Omnicom Group, Inc. (“Omnicom”), the Administrative Committee of the Omnicom Group Retirement Savings Plan (“Committee”), the Board of Directors of Omnicom Group, Inc. (“Board”) and individual members of the Board and Committee (collectively, “Defendants”). The Court…

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,…

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