We are entering the home stretch of a memorable year. While benefits litigation may not be the first thing that comes to mind, it has been a very busy year for ERISA class actions...
We are entering the home stretch of a memorable year. While benefits litigation may not be the first thing that comes to mind, it has been a very busy year for ERISA class actions, particularly for defined contribution plans (including 401(k) and 403(b) plans). 2025 has seen an increase in class action lawsuits targeting defined contribution plans—catalyzed by the ongoing wave of new forfeiture lawsuits. In this Legal Update, we provide an overview of the ERISA class action litigation developments and trends impacting defined contribution plans, starting with the recent forfeiture lawsuits.
Since the first ERISA forfeiture lawsuits were filed in September 2023, ERISA plaintiff's firms have now filed almost 80 ERISA class actions alleging forfeiture claims. The number of new forfeitures cases has increased year over year, with five cases filed in 2023, 30 cases filed in 2024, and 43 cases filed so far in 2025 (for a pace of more than 50 new forfeiture cases by year end). While these forfeiture lawsuits were initially filed by a single plaintiff's firm in federal district courts in California, they are now being filed by a growing number of plaintiff's firms against companies all over the country.
We recently published a series of Legal Updates describing the ERISA...
Denton Loudermill Jr. watched every Kansas City Chiefs game at his sister's house with his family. The Kansas native and his late father were diehard fans. So, when the 2024 Super Bowl champions' ...