René E. Thorne
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Articles by René E. Thorne
Sixth Circuit Affirms Dismissal Of Excessive Fee Case Against DENSO International
The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a manufacturer of auto parts. England v. Denso Int'l Am. Inc., No. 24-1360, 2025 U.S. App. LEXIS 10851 (6th Cir. May 6, 2025).
Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International | JD Supra
The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a manufacturer of auto parts. England v. Denso Int’l Am. Inc., No. 24-1360, 2025 U.S. App. LEXIS 10851 (6th Cir. May 6, 2025).
Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International
The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a manufacturer of auto parts. England v. Denso Int’l Am. Inc., No. 24-1360, 2025 U.S. App. LEXIS 10851 (6th Cir. May 6, 2025).
EXPERT INSIGHTS-TOBACCO SURCHARGE LITIGATION FLARES UP
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Tobacco Surcharge Litigation Flares Up
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 sponsors alleging that their health plans violate ERISA Section 702 (29 U.S.C. § 1182), which prohibits discrimination based on health status.
Tobacco Surcharge Litigation Flares Up | JD Supra
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 sponsors alleging that their health plans violate ERISA Section 702 (29 U.S.C. § 1182), which prohibits discrimination based on health status.
Jackson Lewis Attorneys Named Among Lawdragon's Top US Corporate Employment Lawyers 2025
NEW YORK, NY (October 10, 2024) Nationwide employment law firm Jackson Lewis P.C.is pleased to announce Principals Neil H. Dishman, Maurice G. Jenkins, Howard Shapiro, René E. Thorne and Richard F. Vitarellihave been included in Lawdragon’s 2025 “500 Leading U.S. Corporate Employment Lawyers” list. The guide recognizes employment attorneys from across the nation whose dedication to providing exceptional legal counsel is fundamental to the continued success of their clients.
EXPERT INSIGHTS-SECOND CIRCUIT WEIGHS IN AGAINST ERISA ARBITRATION
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Second Circuit Weighs in Against ERISA Arbitration | JD Supra
Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class action ERISA claims brought on behalf of plans are subject to individual arbitration, with relief limited to the individual plaintiff’s claims. In Cedeno v. Sassson, 100 F.4th 386 (2d Cir.
Second Circuit Refuses to Implement ERISA Arbitration
Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class action ERISA claims brought on behalf of plans are subject to individual arbitration, with relief limited to the individual plaintiff’s claims. In Cedeno v. Sassson, 100 F.4th 386 (2d Cir.
United States | PERM, Prevailing Wage Processing Updates as of July 1
Skip to main content July 09, 2024 Volume XIV, Number 191 Legal Analysis. Expertly Written. Quickly Found. Trending News United States | PERM, Prevailing Wage Processing Updates as of July 1 Print Mail Download i Facebook Linkedin Pinterest Reddit Facebook Messenger Email Digg X Buffer Flipboard The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
SCOTUS Declines Review Of Fourth Circuit ERISA Surcharge Ruling
The U.S. Supreme Court recently declined to hear Rose v. PSA Airlines, Inc., Case No. 23-734, which raised the question of whether a remedy known as "surcharge" falls under ERISA's equitable remedies provision. Surcharge, in simple terms, resembles monetary damages. Historically, courts used it to address losses resulting from a trustee's breach of duty or to prevent unjust enrichment. Plaintiff Rose brought the action back in December 2019 on behalf of her deceased son's estate.
SCOTUS Declines Review of Fourth Circuit ERISA Surcharge Ruling
The U.S. Supreme Court recently declined to hear Rose v. PSA Airlines, Inc., Case No. 23-734, which raised the question of whether a remedy known as “surcharge” falls under ERISA’s equitable remedies provision. Surcharge, in simple terms, resembles monetary damages. Historically, courts used it to address losses resulting from a trustee’s breach of duty or to prevent unjust enrichment. Plaintiff Rose brought the action back in December 2019 on behalf of her deceased son’s estate.
Stacey C.S. Cerrone Inducted As Fellow of American College of Employee Benefits Counsel
NEW ORLEANS, LA (December 1, 2023) Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Stacey C.S. Cerrone has been inducted as a Fellow into the American College of Employee Benefits Counsel (ACEBC). Fellows have demonstrated a sustained commitment to the development and pursuit of public awareness and understanding of the law of employee benefits and have at least 20 years of experience as an employee benefits practitioner.
Ads Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets
Is a new wave of ERISA fiduciary litigation targeting group health plan sponsors on the horizon? There have already been a few examples of health plan fee cases, such as claims challenging the billing practice between insurers and their subcontractors or challenging commissions paid in connection with multi-employer plans.
Ads Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets | JD Supra
Is a new wave of ERISA fiduciary litigation targeting group health plan sponsors on the horizon? There have already been a few examples of health plan fee cases, such as claims challenging the billing practice between insurers and their subcontractors or challenging commissions paid in connection with multi-employer plans.
Ads Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets
Lindsey H. Chopin is a principal in the New Orleans, Louisiana, office of Jackson Lewis P.C. and a member of the firm’s ERISA Complex Class Action, Employee Benefits and Class Action groups. Lindsey focuses her practice on the defense of complex ERISA class-actions filed against public and private single employer ERISA plan sponsors and fiduciaries, as well as multi-employer plans and fiduciaries and ERISA plan services providers.
Ads Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets
Is a new wave of ERISA fiduciary litigation targeting group health plan sponsors on the horizon? There have already been a few examples of health plan fee cases, such as claims challenging the billing practice between insurers and their subcontractors or challenging commissions paid in connection with multi-employer plans.
Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest | JD Supra
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court’s finding that Principal Life Insurance Company (“Principal”) did not breach its fiduciary duties regarding its stable value contract for 401(k) plans. Rozo v. Principal Life Ins. Co., No. 21-2026, 2022 U.S. App. LEXIS 24803 (8th Cir. Sept. 2, 2022).
Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court’s finding that Principal Life Insurance Company (“Principal”) did not breach its fiduciary duties regarding its stable value contract for 401(k) plans. Rozo v. Principal Life Ins. Co., No. 21-2026, 2022 U.S. App. LEXIS 24803 (8th Cir. Sept. 2, 2022).
Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court’s finding that Principal Life Insurance Company (“Principal”) did not breach its fiduciary duties regarding its stable value contract for 401(k) plans. Rozo v. Principal Life Ins. Co., No. 21-2026, 2022 U.S. App. LEXIS 24803 (8th Cir. Sept. 2, 2022).
7th Circuit Ruling Sheds Light Into the post-Hughes 401(k) Litigation Era | JD Supra
Since the Supreme Court’s January ruling in Hughes v. Northwestern University, circuit courts throughout the country have issued varying rulings regarding 401(k) fee litigation cases. These include the Ninth Circuit in Trader Joe’s Co. and Salesforce.com, Inc., and the Sixth Circuit in CommonSpirit Health, Inc. and TriHealth, Inc. Most recently, the Seventh Circuit has weighed in, affirming the dismissal of a 401(k) fee litigation in Albert v. Oshkosh Corporation, No. 21-2789 (7th Cir. 2022).
7th Circuit Ruling Sheds Light Into the post-Hughes 401(k) Litigation Era
Thursday, September 8, 2022 Since the Supreme Court’s January ruling in Hughes v. Northwestern University, circuit courts throughout the country have issued varying rulings regarding 401(k) fee litigation cases. These include the Ninth Circuit in Trader Joe’s Co. and Salesforce.com, Inc., and the Sixth Circuit in CommonSpirit Health, Inc. and TriHealth, Inc. Most recently, the Seventh Circuit has weighed in, affirming the dismissal of a 401(k) fee litigation in Albert v.
7th Circuit Ruling Sheds Light Into the post-Hughes 401(k) Litigation Era
Since the Supreme Court’s January ruling in Hughes v. Northwestern University, circuit courts throughout the country have issued varying rulings regarding 401(k) fee litigation cases. These include the Ninth Circuit in Trader Joe’s Co. and Salesforce.com, Inc., and the Sixth Circuit in CommonSpirit Health, Inc. and TriHealth, Inc. Most recently, the Seventh Circuit has weighed in, affirming the dismissal of a 401(k) fee litigation in Albert v. Oshkosh Corporation, No. 21-2789 (7th Cir. 2022).
Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision
René E. Thorne is co-leader of the firm’s ERISA Complex Litigation group, and is a principal in the New Orleans, Louisiana office of Jackson Lewis P.C. René started the New Orleans office and was the managing principal for ten years. Her national practice covers the full range of complex benefit litigation matters, including representation of employers, plans, plan fiduciaries, third party administrators, and trustees.
Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision | JD Supra
The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This special report examines the potential impact Dobbs will have on employee benefits litigation.
New York Federal District Court Dismisses 401(k) Fee Class Action | JD Supra
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 54392 (S.D.N.Y. Mar. 25, 2022).
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 54392 (S.D.N.Y. Mar. 25, 2022).
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 Vacates Seventh Circuit Decision in Fee Case, But Reiterates Rigorous Pleading Standard Applies
Tuesday, January 25, 2022 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.
SCOTUS Hears Oral Arguments in Hughes v Northwestern University ERISA Case
Monday, December 6, 2021 Today, 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.
Fifth Circuit: Plan Participants Lacked Standing To Bring ERISA Fiduciary Breach Claims | JD Supra
American Airlines, Inc. and its affiliated credit union recently defeated an appeal challenging a low-yield investment option in the airline’s 401(k) plan when the Fifth Circuit ruled that the plan participants lacked Article III standing to bring their ERISA claims.
Fifth Circuit: Plan Participants Lacked Standing to Bring ERISA Fiduciary Breach Claims
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Supreme Court Will Hear Case Challenging Retirement Plan Investment And Recordkeeper Fees | JD Supra
The Supreme Court recently granted the writ of certiorari requested by Northwestern University retirement plan participants, following the Solicitor General’s plea for the Court to hear the case. Hughes v. Northwestern Univ., No. 19-1401, 2021 U.S. LEXIS 3583 (July 2, 2021).
Supreme Court Will Hear Case Challenging Retirement Plan Investment and Recordkeeper Fees
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Supreme Court Will Hear Case Challenging Retirement Plan Investment and Recordkeeper Fees
The Supreme Court recently granted the writ of certiorari requested by Northwestern University retirement plan participants, following the Solicitor General’s plea for the Court to hear the case. Hughes v. Northwestern Univ., No. 19-1401, 2021 U.S. LEXIS 3583 (July 2, 2021).
Predecessor Employer Defeats Proposed Class Action Challenging Spin Off’s Decision To Cut Benefits | JD Supra
In Bellon v. PPG Emp. Life & Other Benefits Plan, PPG Industries, Inc. & the PPG Plan Administrator, the Northern District of West Virginia recently addressed whether a predecessor company may be held liable for a decision made by its corporate successor to terminate retiree life insurance coverage and related benefits following spin-off.
Predecessor Employer Defeats Proposed Class Action Challenging Spin Off’s Decision to Cut Benefits
In Bellon v. PPG Emp. Life & Other Benefits Plan, PPG Industries, Inc. & the PPG Plan Administrator, the Northern District of West Virginia recently addressed whether a predecessor company may be held liable for a decision made by its corporate successor to terminate retiree life insurance coverage and related benefits following spin-off.
Tenth Circuit Affirms Damages Based on Revenue Credit, and Makes Clear That Arms-Length Service Agreements Without Evidence of A Prior Relationship Are Not Prohibited Transactions
Monday, June 21, 2021 On appeal following a bench trial of claims brought by a class of participants and beneficiaries of a 401(k) plan, the Tenth Circuit affirmed the decision of the District of Colorado calculating damages and prejudgment interest, denying injunctive relief, and finding the employer did not engage in a “prohibited transaction” under ERISA Section 406, 29 U.S.C. § 1106. Ramos v. Banner Health, No. 20-1231 (10th Cir. June 11, 2021).
Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement | Lexology
The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face a proposed class action under ERISA Section 502(a)(2) for breach of fiduciary duty relating to its alleged mismanagement of a profit-sharing plan sponsored by DST Systems, Inc. Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805 (2d Cir. March 4, 2021).
Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
BlackRock 401(k) Plan Class Action Headed For Trial | JD Supra
A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s 401(k) Plan is headed for trial after Judge Haywood S. Gilliam, Jr. denied both parties’ motions for summary judgment on January 12, 2021. Baird v. BlackRock Inst’l. Trust Co., No. 17-1892 (N.D. Cal. Jan. 12, 2021). BlackRock sought summary judgment on Plaintiffs’ claims for breaches of fiduciary duty. The court denied the motion for several reasons.
BlackRock 401(k) Plan Class Action Headed for Trial
A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s 401(k) Plan is headed for trial after Judge Haywood S. Gilliam, Jr. denied both parties’ motions for summary judgment on January 12, 2021. Baird v. BlackRock Inst’l. Trust Co., No. 17-1892 (N.D. Cal. Jan. 12, 2021). BlackRock sought summary judgment on Plaintiffs’ claims for breaches of fiduciary duty. The court denied the motion for several reasons.
Class Action Waivers & ERISA Claims Arbitration
Some of you may remember that back in 2015, we published an article entitled Arbitration of ERISA Claims – Yes You Can! A link to that article can be found here. In that article, we suggested that one key reason for adding ERISA claims to your arbitration agreement was to avoid class actions through the inclusion of a class action waiver in the arbitration agreement. Particularly on the pension side, ERISA class actions can involve millions of dollars of exposure and litigation costs.
Class Certification Granted in Goldman Sachs Gender Discrimination Litigation
In a 49-page opinion issued last week, Judge Analisa Torres of the United States District Court for the Southern District of New York granted class certification to a group of women alleging that Goldman Sachs systemically and pervasively discriminated against female professional employees in violation of Title VII and the New York City Human Rights Law.
Unanimous Supreme Court Decision in Favor of "Church Plan" Defendants
Today, the Supreme Court handed a long-awaited victory to religiously affiliated organizations operating pension plans under ERISA’s “church plan” exemption. In a surprising 8-0 ruling, the Court agreed with the Defendants that the exemption applies to pension plans maintained by church affiliated organizations such as healthcare facilities, even if the plans were not established by a church. Justice Kagan authored the opinion, with a concurrence by Justice Sotomayor.
The Fifth Circuit Calls Into Question Its Standard Of Review In ERISA Denial Of Benefits Cases
Explaining that “[a]s any sports fan dismayed that instant replay did not overturn a blown call learns, it is difficult to overcome a deferential standard of review,” a panel of the Fifth Circuit Court of Appeals has called for a re-examination of the Court’s standard of review in ERISA denial of benefits cases where the plan does not provide deference to the plan administrator. Since its 1991 decision in Pierre v. Conn. Gen. Life Ins. Co. of N. Am., 932 F.2d 1552 (5th Cir.
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