Kimberly-Clark Workers Keep 401(k) Fee Suit Alive, With Warning

Employees accusing Kimberly-Clark Corp. of mismanaging their $4 billion retirement plan must file a new complaint to keep their ERISA lawsuit alive, a federal judge in Dallas said in an opinion denying the company’s motion to dismiss.

The employees’ claims under the Employee Retirement Income Security Act aren’t “sufficiently pleaded” to withstand a motion to dismiss, Judge Sam A. Lindsay of the U.S. District Court for the Northern District of Texas said in a six-page order issued Wednesday. Nor do the employees include sufficient details establishing their standing to sue, he said.

Even so, Lindsay denied the company’s motion to ...