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Category Archives: 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…
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…
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,…
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…
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…
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.…
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,…
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…
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…
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 &…
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