Schlichter Bogard & Denton Achieves $55 Million Settlement in Historic 401(k) Case against ABB
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
Schlichter Bogard & Denton originally filed the complaint on
“We’re in the thirteenth year fighting ABB’s scorched earth approach, through multiple trials and appeals, and over
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
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
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