Schlichter Bogard & Denton Achieves $55 Million Settlement in Historic 401(k) Case against ABB - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
March 28, 2019 Newswires
Share
Share
Post
Email

Schlichter Bogard & Denton Achieves $55 Million Settlement in Historic 401(k) Case against ABB

Business Wire

Settlement secured in Tussey v. ABB after over 12 years of litigation

Seminal case defined a generation of legal actions to protect savers and retirees

ST. LOUIS--(BUSINESS WIRE)-- Schlichter Bogard & Denton, a leading national law firm, announced today that it has reached a $55 million settlement with ABB, on behalf of the company’s employees and retirees. In this historic case, Tussey v. ABB Inc., the law firm represented a class of participants in the ABB 401(k) plans, in a suit which alleged breaches of fiduciary duty under the Employee Retirement Income Security Act (ERISA) and that ABB subsidized its corporate expenses with fees paid out of its employees’ retirement assets. Tussey v. ABB Inc. was the first 401(k) case to go to a full trial and the longest such matter, of over dozens filed since by various parties, to come to a conclusion.

Schlichter Bogard & Denton originally filed the complaint on December 29, 2006, in the U.S. District Court for the Western District of Missouri. In 2012 the plaintiffs obtained a $36.9 million judgment, which was then appealed in two separate actions to the Eighth Circuit Court of Appeals, and twice remanded to the District Court for further proceedings. The plaintiffs previously obtained a court order extensively reforming the 401(k) plan to reduce fees. In this settlement, the plaintiffs' losses will be addressed with damages.

“We’re in the thirteenth year fighting ABB’s scorched earth approach, through multiple trials and appeals, and over $50 million it spent to avoid compensating ABB employees and retirees,” said Jerry Schlichter of Schlichter Bogard & Denton, lead attorney for the plaintiffs. “We’re now pleased to bring this case to an end, for a settlement amount which is substantially more than the original judgment. In addition, they have already benefitted from reform of the company 401(k) plan, which the court ordered to eliminate excessive fees and self-dealing by ABB to also help ABB employees for the long-term future.”

The narrative of this case parallels the history of 401(k) excessive fee cases, which did not exist before this case was filed.

In 2006, when Schlichter Bogard & Denton brought this case, no law firm in the United States had ever filed a 401(k) excessive fee case; nor had the Department of Labor, which oversees 401(k) plans, in the thirty-year history of 401(k) plans. Today, Tussey v. ABB Inc., stands as the seminal legal action which defined a generation of litigation to protect the core interests of 401(k) plan savers and retirees.

Plaintiffs alleged and the court ruled, that the defendant allowed excessive recordkeeping fees and selected in the plan high cost and poor performing investments compared to available alternatives. The plaintiffs also alleged and the court held that ABB engaged in self-dealing by using Fidelity for recordkeeping both the 401(k) and corporate plans, which included a corporate pension plan, the health and welfare plan, and payroll processing, with Fidelity providing ABB’s corporate plans at a loss, while Fidelity made over a 50% profit from the employees’ 401(k) plan. Thus, the District Court found that ABB was improperly using the retirement savings of its employees and retirees to subsidize its own costs.

ABB was previously ordered by the court to use a competitive bidding process, including a request for proposals, to select a new recordkeeper, and that recordkeeper shall not provide any corporate services to ABB. ABB was also ordered to choose the share class of investments that has the lowest expense ratio, rather than more expensive retail share classes.

Schlichter Bogard & Denton, based in St. Louis, MO, pioneered excessive fee 401(k) and 403(b) litigation on behalf of employees and retirees. Since 2006, the firm has filed over 30 such complaints and secured 16 settlements on behalf of employees. The firm’s landmark Tibble v. Edison case is the first and only 401(k) excessive fee case to be argued in the Supreme Court. In that case, in 2015, the firm won a landmark unanimous 9-0 decision in which both the AARP and the Solicitor General wrote supporting briefs for the employees.

Jerry Schlichter and his firm have been referred to by federal judges as “preeminent” in the field of 401(k) fee litigation; as demonstrating “extraordinary skill and determination”; as making “a significant, national contribution,” having “educated plan administrators, the Department of Labor, [and] the courts” about fees and fiduciary obligations; and has been referred to by federal judges as a “private attorney general,” causing fees to come down by over $2 billion annually in the entire 401(k) industry.

About Schlichter Bogard & Denton, LLP

Schlichter Bogard & Denton, LLP, of St. Louis is a national law firm that represents individuals, including victims of financial abuse and 401(k) plan investors, whose plans suffer from excessive fees or imprudent investment options. Its attorneys are dedicated to helping financial abuse victims, and helping employees and retirees secure the retirement benefits they deserve.

More information can be found at:
http://www.uselaws.com or call (800)-USE-LAWS (873-5297)

© Copyright 2010-2019, Schlichter Bogard & Denton, LLP. All rights reserved.

View source version on businesswire.com: https://www.businesswire.com/news/home/20190328005841/en/

Jerry Schlichter
800-873-5297

[email protected]

Source: Schlichter Bogard & Denton, LLP

Older

AM Best’s Insurance Law Podcast Discusses Fraudulent Water Claims

Newer

AP FACT CHECK: Trump’s ‘party of health care’ lacks a plan

Advisor News

  • Geopolitical instability and risk raise fears of Black Swan scenarios
  • Structured Note Investors Recover $1.28M FINRA Award Against Fidelity
  • Market reports turn economic trends into a strategic edge for advisors
  • SEC in ‘active and detailed’ settlement talks with accused scammer Tai Lopez
  • Sketching out the golden years: new book tries to make retirement planning fun
More Advisor News

Annuity News

  • An Application for the Trademark “TACTICAL WEIGHTING” Has Been Filed by Great-West Life & Annuity Insurance Company: Great-West Life & Annuity Insurance Company
  • Annexus and Americo Announce Strategic Partnership with Launch of Americo Benchmark Flex Fixed Indexed Annuity Suite
  • Rethinking whether annuities are too late for older retirees
  • Advising clients wanting to retire early: how annuities can bridge the gap
  • F&G joins Voya’s annuity platform
More Annuity News

Health/Employee Benefits News

  • AM Best Affirms Credit Ratings of The Cigna Group and Its Subsidiaries
  • Iowa insurance firms warn bill would make health costs rise
  • Farmers among many facing higher insurance premiums
  • Mark Farrah Associates Analyzed the 2024 Medical Loss Ratio and Rebates Results
  • PID finds violations by Aetna Insurance
More Health/Employee Benefits News

Life Insurance News

  • AM Best Affirms Credit Ratings of The Cigna Group and Its Subsidiaries
  • U-Haul Holding Company Announces Quarterly Cash Dividend
  • Jackson Earns Award for Highest Customer Service in Financial Industry for 14th Consecutive Year
  • Annexus and Americo Announce Strategic Partnership with Launch of Americo Benchmark Flex Fixed Indexed Annuity Suite
  • LIMRA: Individual life insurance new premium sets 2025 sales record
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Elevate Your Practice with Pacific Life
Taking your business to the next level is easier when you have experienced support.

Your Cap. Your Term. Locked.
Oceanview CapLock™. One locked cap. No annual re-declarations. Clear expectations from day one.

Ready to make your client presentations more engaging?
EnsightTM marketing stories, available with select Allianz Life Insurance Company of North America FIAs.

Press Releases

  • RFP #T25521
  • ICMG Announces 2026 Don Kampe Lifetime Achievement Award Recipient
  • RFP #T22521
  • Hexure Launches First Fully Digital NIGO Resubmission Workflow to Accelerate Time to Issue
  • RFP #T25221
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet