Liberty Mutual Unable to Strike All 401(k) Suit Expert Testimony

March 7, 2025, 3:19 PM UTC

Liberty Mutual Group Inc.'s effort to kneecap litigation over its 401(k) plan by dinging expert witnesses yielded mixed results when a federal judge allowed testimony on administrative fees and an allegedly underperforming investment.

Judge Mark G. Mastroianni declined to exclude expert opinions contending that the plan overpaid for recordkeeping and managed account services, as well as that it offered a mid-cap fund that significantly underperformed a suitable alternative. Mastroianni announced his decision in a pair of electronic orders docketed Thursday in the US District Court for the District of Massachusetts.

But Mastroianni blocked expert testimony on other issues, including opinions ...

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