Category: ERISA Litigation

Defendants Score Two Victories in 401(k) Fee Cases

Fiduciaries are not guarantors of an investment’s success.  Rather, all they are asked to do is be diligent, prudent, and loyal in managing an investment’s success—the ultimate success or failure of the investment does not determine whether a fiduciary has properly complied with their duties. ...

Cross-Plan Offset Claims Dismissed Against UnitedHealth for Lack of Constitutional Standing

The United States Supreme Court’s constitutional standing decision in Thole continues to reverberate throughout ERISA litigation.  In Scott v. UnitedHealth Group, Inc., the United States District Court for the District of Minnesota dismissed challenges to United’s cross-plan offsetting practices because the plaintiffs, plan participants, themselves...

Sixth Circuit Revives Lawsuit Against Detroit Edison Co.

ERISA Section 102 requires employers to provide accurate and comprehensive information about plan benefits to participants through a summary plan description (and its updates).  A group of participants in Detroit Edison’s defined benefit plan sued alleging that the employer failed to accurately describe the consequences...