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Barrick Gold Workers Denied Second Look in 401(k) Fee Challenge

June 22, 2022, 5:04 PM

Employees suing Barrick Gold of North America Inc. over its 401(k) plan fees failed to convince a Utah federal judge to rethink her April decision dismissing their proposed class action under the Employee Retirement Income Security Act.

The employees argued the US Supreme Court’s January decision in Hughes v. Northwestern Univ. represents a “change in the controlling law” that warranted reconsideration of their claims. They also pointed to a pair of post-Hughes rulings from the US Court of Appeals for the Ninth Circuit reviving ERISA cases against Trader Joe’s Co. and Salesforce.com Inc..

Barrick pushed back, arguing ...