U.S. Court of Appeals for the Eighth Circuit

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Case Updates


November 25, 2009

The Eighth Circuit revived the putative class action alleging Wal-Mart breached its fiduciary duties. The court ruled that the plaintiff has standing to bring the case on behalf of the class and that the district court erred in dismissing the disclosure claims against Wal-Mart.

NCLC files amicus brief addressing excessive plan fees

April 15, 2009

NCLC urged the Eighth Circuit to reject a class action alleging that Wal-Mart shortchanged its 401(k) plan participants by choosing investment funds that allegedly charged excessive administration fees. In its brief, NCLC warned that certifying ‘fee disclosure’ class actions will likely make it more difficult for employers to sponsor retirement plans by exposing employers that choose to offer carefully selected and negotiated retirement plans to incredible litigation risks.

Case Documents