401(k) Plan Beneficiary’s Claims Arising Out Of Service Fees Survive Dismissal

Mealey's (August 29, 2018, 11:52 AM EDT) -- COLUMBUS, Ohio — An Ohio federal judge on Aug. 24 denied a motion to dismiss filed by a 401(k) plan service provider after determining that the plan beneficiary adequately alleged facts supporting her claim that the service provider had constructive knowledge of the unreasonableness of its asset-based fees charged to plan participants (Alana Schmitt et al. v. Nationwide Life Insurance Co. et. al., No. 17-558, S.D. Ohio, 2018 U.S. Dist. LEXIS 144362)....