Tyson Foods Workers Denied Another Attempt in 401(k) Fee Lawsuit

Oct. 25, 2024, 2:15 PM UTC

Tyson Foods Inc. workers can’t attempt to revive their lawsuit over their 401(k) plan’s administrative fees by filing an amended complaint making comparisons to different plans, an Arkansas federal judge said.

The workers have twice failed to identify sufficiently similar retirement plans with lower fees, said Judge Timothy L. Brooks, who ruled in August that their complaint failed to state a viable claim under the Employee Retirement Income Security Act. Their request to file a new complaint after the court’s “final and appealable” judgment against them is both “puzzling” and procedurally flawed, because they don’t identify any legal errors ...

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