CoreLogic Looks to Sink Jury Demand in 401(k) Plan Fee Challenge

A lawsuit accusing CoreLogic Inc. of mismanaging its 401(k) plan through high fees can’t be tried by a jury, the financial analytics company told a federal judge in California.

The company on Monday asked Judge Hernan D. Vera to toss the plan participants’ jury demand, saying they have no right to a jury trial because their lawsuit seeks equitable remedies. Courts routinely strike jury demands in fiduciary breach cases filed under the Employee Retirement Income Security Act, and no court within the Ninth Circuit has ever empaneled a jury to decide an ERISA fiduciary breach claim, CoreLogic said in a ...