Georgia court refuses to dismiss 401(k) suit, citing SCOTUS Northwestern decision

Georgia court refuses to dismiss 401(k) suit, citing SCOTUS Northwestern decision
The case filed against the Columbus Regional Health System cited breaches similar to those alleged in the Northwestern case, such as offering retail share classes of mutual funds instead of lower-cost institutional shares.
JAN 31, 2022

A federal district court in Georgia refused to dismiss a 401(k) lawsuit filed against the Columbus Regional Healthcare System, and it cited the Supreme Court's ruling last week in Hughes v. Northwestern University in its decision.

The Supreme Court overturned a lower court's dismissal of the lawsuit against Northwestern, ruling that the lower court had put too much weight on the Northwestern plans’ inclusion of some low-cost options as a sign that the plans' fiduciaries abided by their duties under the Employee Retirement Income Security Act.

The lawsuit filed against the North Carolina-based Columbus Regional Healthcare System also cited breaches of the organization's fiduciary duties to its retirement plan similar to those alleged in the Northwestern case, including offering the retail share classes of mutual funds instead of identical, but lower-cost, institutional shares; selecting and retaining underperforming funds; and overpaying for record-keeping services.

In its decision, the Georgia court “also rejected defendant’s argument that plaintiffs’ claims should be dismissed in part because the plan offered a variety of investment options that participants could select, including lower-cost passive investment options,” according to a blog from the Proskauer law firm. “The district court explained that Hughes rejected this exact argument in holding that a fiduciary’s decisions are not insulated merely by giving participants choice over their investments and that fiduciaries have a continuing duty to monitor plan investments.”

Latest News

Investing in stocks? Here are the top 8 questions you need to answer before you start
Investing in stocks? Here are the top 8 questions you need to answer before you start

Looking to refine your strategy for investing in stocks in the US market? Discover expert insights, key trends, and risk management techniques to maximize your returns

Indivisible Partners selects DPL to arm advisors for insurance business
Indivisible Partners selects DPL to arm advisors for insurance business

The RIA led by Merrill Lynch veteran John Thiel is helping its advisors take part in the growing trend toward fee-based annuities.

RIA M&A stays brisk in first quarter with record pace of dealmaking
RIA M&A stays brisk in first quarter with record pace of dealmaking

Driven by robust transaction activity amid market turbulence and increased focus on billion-dollar plus targets, Echelon Partners expects another all-time high in 2025.

New York Dems push for return of tax on stock sales
New York Dems push for return of tax on stock sales

The looming threat of federal funding cuts to state and local governments has lawmakers weighing a levy that was phased out in 1981.

Human Interest and Income Lab streamline workflows for retirement-focused advisors
Human Interest and Income Lab streamline workflows for retirement-focused advisors

The fintech firms' new tools and integrations address pain points in overseeing investment lineups, account monitoring, and more.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.