--- title: PlanFees | News | ERISA description: ERISA | Keep up on the latest news from PlanFees, a better way to benchmark retirement plan fees --- # News Select Category Fees Fee Benchmarking Benchmarking PlanFees ERISA Financial Professionals Insider Litigation Financial Wellness RFP Express Prospecting 401(k) Retirement Plan Advisor Fee Benchmarking Advisor Fee and Service Benchmarking News Market Volatility Press Release Posts about: ## ERISA ![Cornell Clock tower with a cloudy blue sky](https://news.planfees.com/hubfs/Cornell%20Clock%20Tower.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fee Benchmarking,](https://news.planfees.com/tag/fee-benchmarking) [Benchmarking](https://news.planfees.com/tag/benchmarking) ### [Supreme Court Lowers the Bar for ERISA Lawsuits](https://news.planfees.com/supreme-court-lowers-the-bar-for-erisa-lawsuits) In Cunningham v. Cornell University, the Supreme Court ruled that plaintiffs bringing a claim under ERISA for a prohibited transaction are not required to plead the absence of a statutory exemption at the outset. The case involved allegations that Cornell’s 403(b) retirement plan paid its recordkeepers excessive fees — reportedly up to $200 per participant annually, compared to a claimed reasonable fee of $35 per participant. [Read More](https://news.planfees.com/supreme-court-lowers-the-bar-for-erisa-lawsuits) ![Tissue Box](https://news.planfees.com/hubfs/tissue-box-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fee Benchmarking,](https://news.planfees.com/tag/fee-benchmarking) [Benchmarking](https://news.planfees.com/tag/benchmarking) ### [Multimillion-dollar ERISA Settlement Nothing to Sneeze at](https://news.planfees.com/multimillion-dollar-erisa-settlement-nothing-to-sneeze-at) Paper products manufacturing giant Kimberly-Clark, which counts Kleenex among its many brands, recently settled a class-action ERISA suit, agreeing to pay about 15% of the alleged damages. The $2.25 million cash settlement stems from litigation that began in 2021, which alleged that the company’s 401(k) and profit-sharing plan failed to uphold their fiduciary responsibilities. Plaintiffs claimed that plan administrators allowed excessive recordkeeping and administrative fees — approximately $78 per participant — despite the availability of similar services from other providers at just over one-third the price. [Read More](https://news.planfees.com/multimillion-dollar-erisa-settlement-nothing-to-sneeze-at) ![Stethoscope on paperwork](https://news.planfees.com/hubfs/stethoscope-on-paperwork-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [401(k),](https://news.planfees.com/tag/401k) [Fee Benchmarking,](https://news.planfees.com/tag/fee-benchmarking) [Fees](https://news.planfees.com/tag/fees) ### [High Fees Cut Deep for United Surgical](https://news.planfees.com/high-fees-cut-deep-for-united-surgical) United Surgical Partners International (USPI) is stitching up a legal wound with a costly ERISA settlement. After years of legal wrangling, the Texas-based ambulatory care company has agreed to pay $1.475 million to settle claims related to its 401(k) plan. While the outcome spares USPI the uncertainties of further litigation, the case underscores the importance of regular fee benchmarking in mitigating fiduciary risk.  [Read More](https://news.planfees.com/high-fees-cut-deep-for-united-surgical) ![NVIDIA chip](https://news.planfees.com/hubfs/nvidia-chip-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fee Benchmarking,](https://news.planfees.com/tag/fee-benchmarking) [Fees](https://news.planfees.com/tag/fees) ### [NVIDIA Settlement Highlights the Importance of Actionable Fee Intelligence](https://news.planfees.com/nvidia-settlement-highlights-the-importance-of-actionable-fee-intelligence) In an era where innovation drives every facet of business operations, even the most forward-thinking companies can face challenges when it comes to retirement plan fee diligence. NVIDIA, renowned for its groundbreaking advancements in artificial intelligence, recently settled a lawsuit alleging excessive fees in its 401(k) plan. The case underscores a crucial takeaway for plan sponsors: Actionable fee intelligence is an essential part of the fiduciary prudence necessary in today’s retirement plan landscape. [Read More](https://news.planfees.com/nvidia-settlement-highlights-the-importance-of-actionable-fee-intelligence) ![Graduate holding a diploma](https://news.planfees.com/hubfs/graduate-holding-a-diploma-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fee Benchmarking](https://news.planfees.com/tag/fee-benchmarking) ### [Collegiate ERISA Suit Offers Fiduciary Lessons](https://news.planfees.com/collegiate-erisa-suit-offers-fiduciary-lessons) Boston College recently settled an ERISA suit, bringing to a close a two-year legal challenge over the management of its retirement plan. In 2022, two former employees alleged that the plan failed to meet fiduciary expectations, citing high fees and questionable investment options. Although the school denies any wrongdoing, the allegations highlight the increasing pressure on institutions to keep their retirement plans cost-effective and prudently managed.  [Read More](https://news.planfees.com/collegiate-erisa-suit-offers-fiduciary-lessons) ![New York street Nordstrom sign](https://news.planfees.com/hubfs/new-york-street-nordstrom-sign-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fees](https://news.planfees.com/tag/fees) ### [Luxury Retailer Accused of Unfashionably High Retirement Plan Fees](https://news.planfees.com/luxury-retailer-accused-of-unfashionably-high-retirement-plan-fees) According to an ERISA lawsuit recently filed against Nordstrom, it’s not just the handbags that come with a hefty price tag — the suit alleges their retirement plan fees were excessive too. Plaintiffs say the luxury retailer overcharged employees for administrative services and misused the forfeiture funds of former workers as well. While the suit is still pending, some of the details have already hit the runway.  [Read More](https://news.planfees.com/luxury-retailer-accused-of-unfashionably-high-retirement-plan-fees) ![Healthy bowl with vegetables on table](https://news.planfees.com/hubfs/healthy-bowl-with-vegetables-on-table-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fees](https://news.planfees.com/tag/fees) ### [Court Gives Humana a Clean Bill of Health in ERISA Case](https://news.planfees.com/court-gives-humana-a-clean-bill-of-health-in-erisa-case) Plaintiffs in a recent ERISA lawsuit against health insurance giant Humana didn’t get the diagnosis they hoped for. Initially filed in 2021, the suit went through multiple attempts at prior dismissal that, early on, looked promising for the plaintiffs. But in May of 2024, a district court judge dismissed the case, citing a lack of sufficient evidence, and declared Humana’s plan fit. Key to the company’s clean bill of health was its frequent benchmarking and solicitation of an RFP, underscoring the importance of robust documentation and proactive measures when it comes to maintaining reasonable fees. [Read More](https://news.planfees.com/court-gives-humana-a-clean-bill-of-health-in-erisa-case) ![Exterior of Emergency Room](https://news.planfees.com/hubfs/exterior-of-emergency-room-.webp) [PlanFees,](https://news.planfees.com/tag/planfees) [ERISA,](https://news.planfees.com/tag/erisa) [401(k),](https://news.planfees.com/tag/401k) [Litigation](https://news.planfees.com/tag/litigation) ### [United Surgical Partners Suit Flares up Again](https://news.planfees.com/united-surgical-partners-suit-flares-up-again) As of March 2023, United Surgical Partners International’s 401(k) plan seemed to have a clean bill of health. A prior lawsuit alleging that the Texas-based ambulatory care company neglected its fiduciary duty by maintaining low-performing, high-cost funds in its 401(k) plan had been dismissed not once, but twice. The second opinion, however, didn’t stick. By April 2024, the company’s legal situation became more uncertain, as a federal appeals court reversed that decision and allowed the suit to proceed. The case illustrates the sometimes-protracted nature of ERISA litigation and highlights the importance of proper benchmarking as one part of a prudent, multi-pronged strategy to help avoid costly and time-consuming court proceedings. [Read More](https://news.planfees.com/united-surgical-partners-suit-flares-up-again) ![Rocket launching](https://news.planfees.com/hubfs/rocket-launching-.webp) [ERISA,](https://news.planfees.com/tag/erisa) [Fees,](https://news.planfees.com/tag/fees) [Litigation](https://news.planfees.com/tag/litigation) ### [Defense Tech Giant L3Harris Settles Excessive Fee Suit](https://news.planfees.com/defense-tech-giant-l3harris-settles-excessive-fee-suit) In yet another ERISA-related case, aerospace and defense technology firm L3Harris found itself in the crosshairs of an excessive fee lawsuit. Plaintiffs alleged that the retirement plan’s massive size should have given them the leverage to negotiate more competitive recordkeeping and administrative options, as well as lower fees. The company recently arrived at a settlement, though not before enduring a two-year legal battle.  [Read More](https://news.planfees.com/defense-tech-giant-l3harris-settles-excessive-fee-suit) ![Multicolor freight trucks in a row](https://news.planfees.com/hubfs/freight-trucks-multicolor-WebP.webp) [ERISA](https://news.planfees.com/tag/erisa) ### [It’s “Deja Vu All Over Again” as Repeat ERISA Suit Filed Against Transportation Giant](https://news.planfees.com/its-deja-vu-all-over-again-as-repeat-erisa-suit-filed-against-transportation-giant) Yogi Berra could have called this one — an excessive fee lawsuit against Old Dominion Freight Line is the second such action taken against the transportation company in the span of just one year. The latest suit, filed Sept. 27, 2023, makes allegations similar to the previous case, which a federal judge had dismissed just weeks prior, citing lack of evidence. Plaintiffs accuse the company of opting for pricier share classes over more affordable share classes for the same investments. [Read More](https://news.planfees.com/its-deja-vu-all-over-again-as-repeat-erisa-suit-filed-against-transportation-giant) Cookie Settings