The Seventh Circuit recently affirmed the trial court victory for GreatBanc Trust Company and Segerdahl Corporation’s (sg360°) Board members in the ESOP case, Rush v. GreatBanc Trust Co., et. al, ___ F. 4th __, 2026 U.S. App. LEXIS 21177 (7th Cir. July 17, 2026). In Rush, the former vice president of
fiduciary
A New Year and a New Wave of ERISA Litigation
By Amanda Munguia & Howard Shapiro on
ERISA litigation continues to expand in unprecedented fashion, reshaping the landscape for employers, plan sponsors, and service providers. As we move into 2026, all indications suggest that this trend will accelerate. Four lawsuits filed in late December may represent the beginning of a significant new wave of cases.
These four suits, filed by plaintiff’s firm…
Florida District Court Declines to Expand ERISA Disclosure Requirements
By Steven Sheesley & Robert W. Rachal on
A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with prejudice. Roche v. Teco Energy, Inc., No. 8:23-cv-01571, 2025 U.S. Dist. LEXIS 95462 (M.D. Fla. May 20, 2025). The court found that Plaintiff’s amended complaint did not state a claim because…
Tobacco Surcharge Litigation Flares Up
By René E. Thorne & Jackson Lewis P.C. on
Although the Department of the Treasury, Department of Labor, and Department of Health and Human Services believe that wellness programs are delivering on their promise of improving health and reducing costs, one type has recently become the ire of the plaintiffs’ bar: the tobacco surcharge. To date, plaintiffs have filed nearly 30 suits against plan…
Johnson & Johnson Case Sparks Concerns Over Future Excessive Health Fee Litigation
Recent scrutiny of pharmacy benefit managers, also known as “PBMs,” has resulted in various lawsuits alleging that the high drug costs they charge violate ERISA. Among the first lawsuits in what appears to be a wave of new litigation against employers is Lewandowski v. Johnson & Johnson et al., No. 3:24-cv-00671, currently pending in…
Evonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary Process
A New Jersey federal district court recently granted summary judgment in defendants’ favor in an ERISA excessive fee case accusing Evonik’s 401(k) plan fiduciaries of keeping imprudent investments in the plan and of allowing participants to pay excessive recordkeeping fees. Harris, et al. v. Evonik Corp., et al., No. 20-02202, 2024 U.S. Dist. LEXIS _____…
California District Court Dismisses Conclusory ERISA “Fee” Complaint Unsupported by Facts
By Alex E. Hotard & Phillip C. Thompson on
A California federal court recently granted an employer win in an ERISA excessive fee case when it dismissed a proposed class action brought by an ex-employee of Schenker, Inc., a transportation logistics company. Partida v. Schenker Inc., No. 22-cv-09192-AMO, 2024 U.S. Dist. LEXIS 58297 (N.D. Cal. Mar. 29, 2024). In the past few years…
Fourth Circuit Affirms Aon’s Trial Victory in Investment Suit
By Stacey C.S. Cerrone & Lindsey H. Chopin on
The Fourth Circuit affirmed Aon Hewitt Investment Consulting’s trial victory in a 250,000-member class action suit alleging that Aon breached ERISA’s fiduciary duties.
Aon was initially the Lowe’s 401(k) plan’s investment advisor and later was engaged as the plan’s 3(38) delegated fiduciary. The plaintiffs’ fiduciary breach claims alleged that, after being retained as a delegated…