Andrew Albert v. Oshkosh Corporation, et al.

Green Bay, Wisconsin employment law lawyer represented Plaintiff, who sued Defendants on violation of E.R.I.S.A.



Andrew Albert claims that his former employer, a subsidiary of Oshkosh Corporation, violated

the Employee Retirement Income Security Act by mismanaging its retirement plan. Albert alleges, among other things, that Defendants breached their fiduciary duties by authorizing the Plan to pay unreasonably high fees for recordkeeping and administration, failing to adequately review the Plan's investment portfolio to ensure that each investment option was prudent, and unreasonably maintaining investment advisors and consultants for the Plan despite the availability of similar service providers with lower costs or better performance histories.



The district court granted Defendants' motion to dismiss the complaint and denied Albert's motion to reconsider.

While this appeal was pending, the Supreme Court issued its opinion in Hughes v. Northwestern University, 142 S. Ct. 737 (2022), vacating our decision in Divane v. Northwestern University, 953 F.3d 980 (7th Cir. 2020), and remanding for reevaluation of the operative complaint. The district court cited Divane repeatedly in its opinion, albeit not for the proposition that the Supreme Court rejected in Hughes.



See: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D08-29/C:21-2789:J:St__Eve:aut:T:fnOp:N:2924449:S:0

Affirmed.