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Humana Loses Bid to End 401(k) Fee Lawsuit Under New Guidance

Dec. 5, 2022, 4:05 PM

Humana Inc. lost its latest effort to escape litigation over its 401(k) plan fees, when a Kentucky federal judge declined to revisit her prior ruling allowing the case to advance in light of new guidance from the Sixth Circuit.

The complaint against Humana includes comparisons to similarly sized plans that receive the same range of services, along with an “important” comparison between the plan’s prior fees and the lower fees it was later able to negotiate, Judge Rebecca Grady Jennings said in a Dec. 2 order. The proposed class action therefore remains viable despite the US Court of Appeals ...