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Articles by Phillip Thompson
Taking a Note from Music: Conceptual Sampling and the Creative Logic of Theory Development
We would also like to remember the late Don Conlon, a valued colleague and longtime member of the management community. As an associate editor at Academy of Management Review, a primary component of Don’s role was championing submissions that crossed intellectual and disciplinary boundaries, including work that found inspiration in unexpected places. He was also someone who genuinely loved music.
California District Court Dismisses Conclusory ERISA "Fee" Complaint Unsupported By Facts
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, hundreds of employers have been hit with proposed class actions challenging their "excessive" retirement plan fees. Plaintiffs have had mixed results in court.
California District Court Dismisses Conclusory ERISA “Fee” Complaint Unsupported by Facts | JD Supra
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, hundreds of employers have been hit with proposed class actions challenging their “excessive” retirement plan fees. Plaintiffs have had mixed results in court.
California District Court Dismisses Conclusory ERISA “Fee” Complaint Unsupported by Facts
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, hundreds of employers have been hit with proposed class actions challenging their “excessive” retirement plan fees. Plaintiffs have had mixed results in court.
SDNY Denies Leave To Amend ERISA Complaint With
A New York federal court recently denied former hospital employees' request for leave to file a Third Amended Complaint ("TAC") after dismissing their Second Amended Complaint ("SAC") for lack of standing and failure to state a claim. Boyette v. Montefiore Medical Ctr., No. 22-cv-5280 (JGK), 2024 U.S. Dist. LEXIS 63150, at *1 (S.D.N.Y. Apr. 5, 2024). The court reasoned that the proposed amended complaint contained "substantively the same defects" as its predecessor.
SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed Complaint | JD Supra
A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a claim. Boyette v. Montefiore Medical Ctr., No. 22-cv-5280 (JGK), 2024 U.S. Dist. LEXIS 63150, at *1 (S.D.N.Y. Apr. 5, 2024). The court reasoned that the proposed amended complaint contained “substantively the same defects” as its predecessor.
SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed Complaint
A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a claim. Boyette v. Montefiore Medical Ctr., No. 22-cv-5280 (JGK), 2024 U.S. Dist. LEXIS 63150, at *1 (S.D.N.Y. Apr. 5, 2024). The court reasoned that the proposed amended complaint contained “substantively the same defects” as its predecessor.
SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed Complaint
A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a claim. Boyette v. Montefiore Medical Ctr., No. 22-cv-5280 (JGK), 2024 U.S. Dist. LEXIS 63150, at *1 (S.D.N.Y. Apr. 5, 2024). The court reasoned that the proposed amended complaint contained “substantively the same defects” as its predecessor.
Supreme Court Vacates Seventh Circuit Decision in Fee Case, But Reiterates Rigorous Pleading Standard Applies | JD Supra
Yesterday, the Supreme Court issued its unanimous decision in Hughes v. Northwestern University, No. 19-1401, just one of more than 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants alleging that plan fiduciaries breached their duties under ERISA relating to recordkeeping and investment fees charged to plan participants.
Supreme Court Vacates Seventh Circuit Decision in Fee Case, But Reiterates Rigorous Pleading Standard Applies
Yesterday, the Supreme Court issued its unanimous decision in Hughes v. Northwestern University, No. 19-1401, just one of more than 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants alleging that plan fiduciaries breached their duties under ERISA relating to recordkeeping and investment fees charged to plan participants.
Supreme Court Struggles with Plausibility Standard in Retirement Plan Fee Cases
On Dec. 6, the U.S. Supreme Court heard oral arguments in Hughes v. Northwestern University, which is just one of about 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants alleging that plan fiduciaries breached their duties under the Employee Retirement Income Security Act (ERISA) relating to record keeping and investment fees charged to plan participants.
Supreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee Cases | JD Supra
Monday, the Supreme Court heard oral arguments in Hughes v. Northwestern University, No. 19-1401, just one of about 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants alleging that plan fiduciaries breached their duties under ERISA relating to recordkeeping and investment fees charged to plan participants.
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