MARTHA D. ENGLAND; DUSTIN M. MARTIN; JOSEPHINE THOMAS v. DENSO INTERNATIONAL AMERICA INC., et al. - Articles

All Content

MARTHA D. ENGLAND; DUSTIN M. MARTIN; JOSEPHINE THOMAS v. DENSO INTERNATIONAL AMERICA INC., et al.

Posted by: Azya Thornton on May 6, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Paul M. Secunda, WALCHESKE & LUZI, LLC, Brookfield, Wisconsin, for Appellants.

Attorneys 2: ARGUED: René E. Thorne, JACKSON LEWIS, New Orleans, Louisiana, for Appellees.

Attorneys 3: ON BRIEF: Paul M. Secunda, WALCHESKE & LUZI, LLC, Brookfield, Wisconsin, for Appellants.

Attorneys 4: ON BRIEF: René E. Thorne, Matthew T. Biggers, JACKSON LEWIS, New Orleans, Louisiana, Michael E. Holzapfel, JACKSON LEWIS, P.C., Tinton Falls, New Jersey, for Appellees.

Judge(s): McKEAGUE, GRIFFIN, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

GRIFFIN, Circuit Judge. In this putative class action, plaintiffs claim that defendant DENSO’s 401(k) Plan overpaid for recordkeeping and administrative services. In their view, the Plan’s substantial assets and the commoditized nature of those third-party services required the Plan’s fiduciaries to use their significant bargaining power to negotiate lower fees and their subsequent failure to do so breached their duty of prudence in violation of the Employee Retirement Income Security Act of 1974 (ERISA). The district court dismissed plaintiffs’ complaint for failing to set forth the required “context specific” facts—such as the types and quality of services provided—to render plausible an ERISA overpayment-for-recordkeeping- services claim. We agree and affirm.

Attachments: