Wesco Distribution 401(k) Fee Lawsuit Dismissed for Third Time

Wesco Distribution Inc. is free from litigation challenging its 401(k) plan’s administrative fees and investment fund share classes, after a Pennsylvania federal judge dismissed the proposed class action for the third and final time.

Despite having “three bites of the apple,” the Wesco plan participants’ latest complaint still “leans on legal conclusions that read like a legal primer on ERISA fiduciary duties,” Judge Marilyn J. Horan of the US District Court for the Western District of Pennsylvania said Thursday. Horan dismissed the case and denied the plan participants another opportunity to amend their complaint.

The Employee Retirement Income Security Act ...