Blog - ERISA and Disability Rights and Benefits - Alabama - The Martin Law Group, LLC

Sometimes a Supreme Court opinion is taken in the wrong direction by lower courts. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) is an example.  In that case, the Supreme Court considered a discrimination case after being dismissed. The dismissal was reversed and Mr. Green was allowed to proceed. However, the language has been, at times, unclear to many courts. It no longer appears that McDonnell Douglas in this Circuit has the force of Rule 56. It is dead for that misconstrued purpose.

When you work and part of your compensation goes toward a retirement benefit, you want to make certain it is protected. Fees and loss of investment earnings are two threats to your 401(k). While earnings and losses understandably fluctuate, fees are more constant and if they are excessive, that is an unwelcome threat. While ERISA remains the reticulated statute with much complexity and interconnectedness, what makes a 401(k) excessive fees case has now been made much simpler. Just plead §1106!