News & Analysis as of

Article III Dismissals Employee Retirement Income Security Act (ERISA)

Proskauer - Employee Benefits & Executive...

District Court Holds Plan Cannot File Suit in Contravention of Trust Agreement

In Buckner v. Murray, No. 21-cv-567, 2024 WL 1366785 (D.D.C. Mar. 30, 2024), the court dismissed the United Mine Workers of America 1974 Pension Plan’s suit to collect $6.5 billion in withdrawal liability because the trustees...more

Holland & Knight LLP

Second Circuit Upholds Dismissal of ESOP Lawsuit for Lacking Article III Standing

Holland & Knight LLP on

In Plutzer v. Bankers Trust, the U.S. Court of Appeals for the Second Circuit affirmed dismissal by the U.S. District Court for the Southern District of New York de novo; and emphasized that a plaintiff must allege concrete,...more

McDermott Will & Emery

Federal Court Dismisses Challenge to ESOP Transaction

McDermott Will & Emery on

In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who “fundamentally misunderstands the nature of the” ESOP transaction, did not allege that she suffered...more

Proskauer - Employee Benefits & Executive...

Plaintiffs Lack Standing to Bring ERISA Fee Litigation Case

A federal district court in Georgia dismissed claims by participants in Delta Air Lines, Inc.’s 401(k) plan who alleged that Delta breached its ERISA fiduciary duties by allowing the plan to invest in funds that allegedly...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Dismissal of Madoff "Winner's" ERISA Claim

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a pension fund, a "net winner" in the Madoff Ponzi scheme, filed an ERISA action against its investment adviser seeking to recover "lost opportunity"...more

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