August 2024 ERISA Litigation Update: 

Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. A sample of recent cases is provided below. 

The most common type of ERISA case for approximately the past 18 years involves retirement plan participants’ allegations that plan fiduciaries caused participants to pay excessive recordkeeping and investment fees and included one or more poorly-performing investment options in the plan. Recent cases in this category include the following:

• Kelley v. Teachers Insurance and Annuity Association of America (complaint filed on August 5 in the U.S. District Court for the Southern District of New York)
• Pizarro v. The Home Depot, Inc. (dismissed on August 2 by the U.S. Court of Appeals   for the Eleventh Circuit)
• Johnson v. Carpenters of Western Washington Board of Trustees (procedural ruling issued on July 30 by the U.S. Court of Appeals for the Ninth Circuit)  
• Kruchten v. Ricoh USA, Inc. (procedural ruling issued on July 24 by the U.S. Court of Appeals for the Third Circuit)