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Category Archives: ERISA

May 09

ERISA, Class Action

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 claiming PNC Financial Services Group Inc. (“PNC” or the “Company”) mismanaged its 401(k) retirement plan. The PNC Financial Services Group Inc. Incentive Saving Plan (the “Plan”) serves as a vehicle for PNC employees to…

April 14

Class Action, ERISA

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 Coca-Cola Bottling Company (“Coca-Cola Bottling” or the “Company”) mismanaged its defined contribution retirement plan (the “Plan”). Represented by Miller Shah, two former Coca-Cola Bottling employees (“Plaintiffs”) specifically alleged that the Company mismanaged the Plan by incorporating excessive fees and risky investment…

February 07

Class Action, ERISA

Supreme Court Greenlights Excessive Investment Fees Lawsuit, Sides with 401(k) Participants

On January 24, 2022, the Supreme Court of the United States unanimously ruled that Plaintiffs, 401(k) plan participants of Northwestern University (“Northwestern” or the “University”), could proceed with their lawsuit against Northwestern and the administrators of the University’s 401(k) retirement plan (the “Plan”) for alleged mismanagement of the Plan. Northwestern, like many corporations and non-profit organizations, offers a defined contribution retirement plan, whereby eligible employees set aside a certain percentage…

September 22

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

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

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

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…

May 06

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

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

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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