U.S. Court of Appeals for the Eleventh Circuit

Case Status


Docket Number



Case Updates

Case settled

May 29, 2012

U.S. Chamber files brief addressing ERISA stock drop liability

March 17, 2011

The issue in this case is whether ING breached its disclosure duties under ERISA by incorporating allegedly misleading SEC filings into certain communications to plan participants and allegedly failing to inform participants of non-public information about ING’s financial condition. In the past few years, the number of these ERISA “stock-drop” actions has surged. Because plaintiffs in these cases take aim at employer-sponsored funds in 401(k) plans, their claims threaten to chill companies’ use of such investment vehicles.

Case Documents