April 2023 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 seventeen 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:

• Wilcox v. Georgetown University (dismissed on March 31, 2023 by the U.S. District Court for the District of Columbia)
• Davis v. Magna International of America, Inc. (procedural ruling issued on March 27, 2023 by the U.S. District Court for the Eastern District of Michigan)
• Hughes v. Northwestern University (procedural ruling issued on March 23, 2023 by the   U.S. Court of Appeals for the Seventh Circuit)
• Sigetich v. The Kroger Company (dismissed on March 9, 2023 by the U.S. District Court for the Southern District of Ohio)
• Lucero v. Credit Union Retirement Plan Association (procedural ruling issued on March 9, 2023 by the U.S. District Court for the Western District of Wisconsin)
• Brown v. The Mitre Corporation (procedural ruling issued on March 6, 2023 by the U.S. District Court for the District of Massachusetts)
• Tullgren v. Booz Allen Hamilton, Inc. (dismissed on March 1, 2023 by the U.S. District Court for the Eastern District of Virginia)
• Hall v. Capital One Financial Corporation (dismissed on March 1, 2023 by the U.S. District Court for the Eastern District of Virginia)