A New York district court recently summarily dismissed, with prejudice, a 401(k) plan participant’s putative class action complaint alleging breaches of fiduciary duty. Falberg v. Goldman Sachs Grp., Inc., No. 19-cv-9910, 2022 U.S. Dist. LEXIS 167064 (S.D.N.Y. Sep. 14, 2022). The Plaintiff alleged that the Plan fiduciary-Defendants breached their duties of prudence and loyalty
Blaine A. Veldhuis
Blaine A. Veldhuis is an associate in the Detroit, Michigan, office of Jackson Lewis P.C. His practice focuses on the defense of complex ERISA litigation and single plaintiff ERISA cases. He also represents employers in a wide range of employment and labor matters.
Blaine defends ERISA plan fiduciaries, multi-employer plan trustees, and plan administrators providing services to ERISA plans. He defends ERISA 401(k) plan class actions, COBRA class actions, and benefit claims in the retirement and healthcare arena. Blaine has counseled multi-employer welfare and retirement plans, particularly in the construction industry, and has handled withdrawal liability, delinquent contribution, and plan merger matters. With respect to multi-employer plans, his expertise includes compliance-side issues and litigation.
He has significant experience representing defendants and respondents in administrative and governmental investigations, including Internal Revenue Service and U.S. Department of Labor audits, and investigations conducted by the U.S. Department of Justice, Equal Employment Opportunity Commission, Michigan Department of Civil Rights, and the Michigan Department of Licensing and Regulatory Affairs.
Blaine also assists and advises employers on issues related to union activity, and other matters implicating the National Labor Relations Act.
Blaine's experience includes handling wage and hour claims, discrimination claims, sexual harassment claims, whistleblower claims, commercial litigation, and general employment litigation. Blaine regularly counsels employers in employee relations and discipline and discharge matters, and also assists employers in drafting employment policies and in complying with the federal and state employment laws.
While attending law school, he was a title editor for the University of Detroit Mercy Law Review and participated in the University of Detroit Mercy Veterans Law Clinic. Prior to joining Jackson Lewis, his practice focused on labor and employment matters as an associate at a firm in the Detroit metropolitan area.
New York Federal District Court Dismisses 401(k) Fee Class Action
A New York district court recently dismissed, without prejudice, a 401(k) plan participant’s putative class action complaint alleging breaches of fiduciary duty. The plaintiff alleged that the plan fiduciary-defendants breached their duties of prudence and loyalty by failing to properly monitor the plan’s costs. Cunningham v. USI Ins. Servs., LLC, 2022 U.S. Dist. LEXIS…
401(k) Fee Class Action Against Oshkosh Corporation Dismissed with Prejudice
Recently, the United States District Court for the Eastern District of Wisconsin granted a Motion to Dismiss, dismissing ERISA breach of fiduciary duty claims, failure to monitor claims, and prohibited transaction claims in a putative class action involving Oshkosh Corporation’s 401(k) Plan. The plaintiff supported those claims with allegations of excessive recordkeeping fees, excessive share…