Humana Asks for Redo of 401(k) Loss Under New 6th Cir. Guidance

Humana Inc. is the latest employer to seek reconsideration of an adverse ruling in a lawsuit over 401(k) plan fees based on intervening case law from the Sixth Circuit, according to a filing in Kentucky federal court.

The Sixth Circuit’s June decision in Smith v. CommonSpirit Health constitutes “precisely the type of intervening change in controlling law” that allows courts to reconsider prior rulings, Humana told Judge Rebecca Grady Jennings. Humana’s motion, filed Wednesday in the US District Court for the Western District of Kentucky, comes one day after Amway parent company Alticor Inc. made a similar argument ...