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Failure to Identify Sound Comparisons Sinks ERISA Fee, Investment Claims in Eighth Circuit

By Lindsey H. Chopin & Elisabeth E. Constantino on October 21, 2022

Plaintiffs must plead a “sound basis for comparison—a meaningful benchmark” — to sustain their claims of imprudent investment and excessive fee against a 401(k) plan, the federal appeals court in St. Louis has held, dismissing a class action lawsuit for breached of fiduciary duties under ERISA. Matousek v. MidAmerican Energy Co., No. 21-2749 (8th Cir. Oct. 12, 2022).

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  • Posted in:
    Employment & Labor
  • Blog:
    ERISA Litigation Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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