Magistrate: Dismiss ERISA Fees Complaint, Allow Amendment Under Albert

Mealey's (December 1, 2022, 3:15 PM EST) -- GREEN BAY, Wis. — A Nestle 401(k) Savings Plan participant’s putative class complaint asserting Employee Retirement Income Security Act claims over allegedly excessive fees should be dismissed and amendment allowed only as to two claims regarding recordkeeping fees, a Wisconsin federal judge said in a report and recommendation, citing the recent Seventh Circuit U.S. Court of Appeals decision in Albert v. Oshkosh Corp....