The U.S. District for the District of Minnesota has denied class certification to putative classes of ERISA plan participants challenging rising EpiPen prices. The participants alleged that four of the largest pharmacy benefit managers (“PBMs”) owned and breached ERISA fiduciary duties to health plan participants...
An interesting twist today in 401(k) fee litigation—an employer filed a lawsuit against the fiduciaries of its own 401(k) plan. McCaffree Financial Corp. is a participating employer in the ADP TotalSource Retirement Savings Plan—a multiemployer plan sponsored by Total Source. McCaffree alleges (on behalf of...
For insight into the ongoing “war” between “out-of-network” medical providers and the entities that insure and administer group health plans, see a recent article by Nick Bullard and Andrew Holly.
A relatively novel decision today from the U.S. District Court for the Southern District of New York could significantly expand the power of multiemployer pension plans to demand information from participating employers. In Nat’l Ret. Fund v. Intercontinental Hotels Grp. Res., LLC, 2020 U.S. Dist....
So-called 401(k) “fee” cases first appeared on the scene in 2006, when a personal injury firm filed a group of lawsuits against sponsors and fiduciaries of large 401(k) plans. Originally, these lawsuits targeted allegedly “excessive fees” charged to plan participants. But the claims have morphed...
As we have discussed on several different occasions, the Supreme Court has found itself inundated with ERISA cases. The Seventh Circuit’s decision in Divane v. Nw. Univ., 953 F.3d 980 (7th Cir. 2020) (discussed just prior to this post) provides an opportunity for the Supreme...
As ERISA watchers know, courts have been inundated with lawsuits alleging fiduciary breaches with respect to 401(k)/403(b) plans sponsored by universities and healthcare providers. The Seventh Circuit issued another decision identifying exactly what a complaint must allege in order to get past the initial pleading...
Vanessa Szalapski and Steve Lucke have provided an in-depth analysis of the Supreme Court’s decision in Intel Corp. Inv. Policy Comm. v. Sulyma, 140 S. Ct. 768 (2020) at the Dorsey Health Law Blog. In Sulyma, the Supreme Court defined what constitutes “actual knowledge” under...
Two recent cases from the Eighth and Eleventh Circuits have provided further clarity as to when a stable value fund sponsor’s control over the fund’s credited interest rate make is a de facto ERISA fiduciary. (The credited interest rate generally refers to the rate of...
On January 14, 2020, the Supreme Court—for the third time in six years—issued an opinion discussing the legal standard for alleging a breach of fiduciary duty in connection with the retention of company stock in a 401(k) plan. See Ret. Plans Comm. of IBM v....
Andrew HollyAndrew represents clients in a wide range of complex civil matters.
Nick BullardNick is a trial partner in Dorsey’s office in Minneapolis. ...
Tim ArendsChair of the Benefits and Compensation practice group, Tim devot...
Shannon BjorklundShannon provides advice and litigation assistance to companies...
Tim GoodmanTim Goodman works with employers on medical plans, retirement pl...
Alan IversonAlan is a litigator in Dorsey’s trial group with a focus on cli...
Stephen P. LuckeSteve represents businesses, employers, insurers, and fiduciarie...
Marianne O'BaraMarianne works regularly with numerous non-U.S. companies and t...
Kirsten SchubertKirsten helps clients large and small navigate all aspects of com...
Michael VovesEmployee Benefits, Minneapolis
