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ThedaCare Wants New Look at 401(k) Fees After 7th Cir. Opinion

Sept. 22, 2022, 4:10 PM

ThedaCare Inc. is the latest Wisconsin employer to seek reconsideration of a decision allowing claims of 401(k) mismanagement to advance in light of the Seventh Circuit’s intervening decision rejecting a similar lawsuit against Oshkosh Corp.

The Seventh Circuit’s August decision in Albert v. Oshkosh Corp. upheld the dismissal of claims that are “materially indistinguishable” from those brought against ThedaCare, the company said Wednesday in a motion for reconsideration. Oshkosh now controls this case and is “precisely the type of intervening change in authority that a motion for reconsideration is designed to address,” the company said.

The ThedaCare case is ...