Season 3, Episode 2 – “Plausible” Denials – New Twists & Turns in ERISA Litigation
Over the past several months –following the United States Supreme Court’s decision in Hughes v. Northwestern University – a number of cases, notably the Oshkosh case—and those of CommonSpirit and TriHealth—have brought with them what appears to be a higher standard of “plausibility” in asserting claims that can get past the standard motion to dismiss.
In this episode, Nevin & Fred take a look at the new litigation landscape for ERISA plans, as well as providing updates on a series of suits involving the BlackRock LifePath target-date funds, as well as a surprising decision regarding rollovers and the fiduciary rule – and a flurry of legislation regarding the Labor Department’s Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” – a.k.a. the so-called ”ESG rule.”
- Oshkosh Lays Down a New Standard
Gosh! Oshkosh Wins Dismissal of Excessive Fee Suit - BlackRock TDFs
Another BlackRock TDF Suit Dismissed - Rollover Rule(s)
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight
ESG - Excerpts from ARA CEO Brian Graff’s interview with EBSA’s Tim Hauser.
Participants Challenge ESG Rule in Different Venue