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Category: Fiduciaries

Your ERISA Watch – Court Holds No Seventh Amendment Right to Jury Trial for ERISA Breach of Fiduciary Duty Claims

This week’s notable decision is Moitoso v. FMR LLC, No. CV 18-12122-WGY, __F.Supp.3d__, 2019 WL 4980390 (D. Mass. Oct. 8, 2019), where the court concluded that any money award the ERISA plan participants might win against the alleged breaching fiduciaries…

Your ERISA Watch – Second Circuit Revives Excessive Fee Suit Against Investment Advisor

This week’s notable decision is Sacerdote v. Cammack Larhette Advisors, LLC, No. 18-1558, __F.3d__, 2019 WL 4777824 (2d Cir. Oct. 1, 2019), which is one of a series of cases involving university retirement plans and allegations of excessive administrative fees…

Your ERISA Watch – Ninth Circuit Holds that ERISA Claims Can be Subject to Mandatory Individual Arbitration

This week’s notable decision is Dorman v. Charles Schwab Corp., No. 18-15281, __F.3d__, 2019 WL 3926990 (9th Cir. Aug. 20, 2019), where the court addressed the question of whether ERISA claims can be subject to mandatory arbitration.  In short, the…

Your ERISA Watch – Dudenhoeffer Does Not Defeat Breach of Fiduciary Duty Claims Related to ESOP Purchase of Inflated Company Stock

What do you do if you’re a milling and animal feed manufacturer saddled in scandal because you produced horse and cattle feed containing a fatal amount of monensin?  Apparently, you sell your stock to an ESOP at an overly inflated…

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