ERISA Class Action Watch

For those of you who want an update on the 401(k) fee actions filed by Schlichter, I have some small updates.

Here are two answers from defendants:

• Taylor v. United Technologies answer (D. Conn.)
• Abbott v. Lockheed answer (S.D. Ill.)

Don’t expect much progress in the cases in the Southern District of Illinois. Class certification of the cases in that district has been stayed pending resolution of Lively v. Dynegy, Inc., which holds that a defense under ERISA § 404(c) does not defeat the commonality and typicality requirements for class certification under Rule 23 in a class action asserting ERISA breaches of fiduciary duty with respect to a 401(k) plan. The order below explains:

• Spano v. Boeing sua sponte stay