A third district court has dismissed with prejudice a complaint alleging that defendants breached their fiduciary duties under ERISA by offering 401(k) plan participants.
It dismissed the duty of loyalty claim because plaintiffs did not plead any facts giving rise to an inference that defendants engaged in self-dealing, faced conflicts of interest or sacrificed participants’ interests in favor of their own.
A third district court has dismissed with prejudice a complaint alleging that defendants breached their fiduciary duties under ERISA by offering 401(k) plan participants the option to.