FOLLOW US

America September 9, 2026 3 mins read

Faulty Fee 401(k) Suit Against Ameritas Collapses in Nebraska Court

America ı By Tyler Brooks

0 Comments

faulty fee 401(k) Suit

Numbers alone rarely win a lawsuit — they need a foundation strong enough to hold weight. That foundation crumbled entirely for a group of Ameritas employees this week, as their faulty fee 401(k) suit against the life insurance giant met a decisive end. A Nebraska federal judge ruled that claims accusing the company of mismanaging its retirement plan simply didn't have enough substance to stand under federal benefits law.

The Ruling That Closed the Book

U.S. District Judge Susan M. Bazis granted a motion to dismiss filed by Ameritas Holding Co. and its co-defendants, and she didn't leave the door open a crack — the dismissal came with prejudice, permanently ending the Employee Retirement Income Security Act suit. The case, brought by Ameritas employees Amber Colston, Willis Bramwell and Roseann Blessing back in July 2023, was accompanied Tuesday by a judgment favoring Ameritas over the proposed class of 401(k) plan participants.

Fees Without a Yardstick

At the center of the dispute was a claim that mismanagement had drained millions from the plan through excessive fees. But Judge Bazis found the allegations were like an accusation without a witness — plausible-sounding, perhaps, but lacking the evidence needed to prove a breach of fiduciary duty under ERISA, whether framed as a failure of prudence or loyalty.

Missing the Benchmark

On the prudence claims specifically, the judge said the workers' complaint never gave the court a proper comparison point — no meaningful benchmark showing how the plan's fee structure stacked up against genuinely better-managed alternatives. Simply pointing to industry-wide averages, Judge Bazis ruled, wasn't nearly specific enough to clear the bar.

Repackaged Arguments, Same Fate

The loyalty allegations fared no better, and for a familiar reason. Judge Bazis leaned on the Eighth Circuit's 2020 ruling in Dormani v. Target Corp., which set a clear rule: plaintiffs can't simply relabel weak prudence claims as loyalty violations and hope for a different outcome. In that earlier case, the appeals court had upheld the dismissal of a suit alleging mismanagement of an employee stock ownership plan — a precedent that echoed directly into this ruling.

"Here, in the absence of any well-pled factual allegations that defendants acted imprudently as fiduciaries, the court cannot draw an inference that Defendants acted out of improper motives," Judge Bazis wrote, closing off any path toward inferring bad intent from thin factual soil.

No Second Chance to Amend

The plaintiffs made one last attempt to keep their case alive, tucking an informal request to amend their complaint into the end of an opposition brief. Judge Bazis wasn't persuaded by the maneuver. "The court will deny the plaintiffs' request because plaintiffs made no formal request to amend and no amended complaint was attached to the informal request," she said — a procedural misstep that sealed the case's fate for good.

Silence From Both Sides

An attorney representing the proposed class declined to comment on the ruling. Ameritas likewise offered no public statement.

The Legal Teams Involved

The proposed class was represented by Donald R. Reavey and Mark K. Gyandoh of Capozzi Adler PC. Ameritas, meanwhile, relied on René E. Thorne and Dorothy D. McDermott of Jackson Lewis PC to argue its defense.

For now, the case stands as a cautionary tale for future ERISA fee litigation — a reminder that alleging a number is too high isn't the same as proving it, and without a solid benchmark, even a compelling story about "millions lost" can dissolve under judicial scrutiny.

Previous Article

Mont du Lac Slide Injury Suit Revival: Seventh Circuit Reopens Trespasser’s Case

Read More
969 Posts

Tyler Brooks

Tyler is covering the intersection of law, finance, and public policy. With a keen eye for regulatory shifts and market trends, he brings clarity to complex issues shaping the global economy, and drama whenever possible.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 09, 2026
Google Finland Investment Hits $15 Billion in Landmark European Bet
By – Rihem Akkouche
America September 09, 2026
IRT-Centerspace Merger Forges an $8.1 Billion Apartment Giant
By – Rihem Akkouche
America September 09, 2026
Fi Dog Supplement Salmonella Recall Sends Pet Owners Scrambling
By – Rihem Akkouche
America September 09, 2026
Giuliani’s City Hall Knew 9/11 Risks, Called Air Safe
By – Michallie Harrison
America September 09, 2026
Are Trump’s $45,000 Gifts to Aides Legal? A Federal Ethics Review
By – Michallie Harrison
America September 8, 2026
Iranian Twins Face Death Sentence and…

Iranian twins Taraneh and Romina Rahimi, 20, are facing drastically…

By – Jackie Allen
America September 8, 2026
AI Amnesia: Bigger Diffusion Models May…

AI Amnesia may be an emerging problem for researchers, artists…

By – Jackie Allen
America September 8, 2026
Bats Invade Homes in New York…

New York is experiencing a surge in bat encounters this…

By – Jackie Allen
America September 8, 2026
MFN Drugmakers Cross-Border Pricing Upends Licensing…

A Trump administration program designed to slash U.S. prescription drug…

By – Rihem Akkouche
America September 8, 2026
Ray LaMontagne Collapse at Ryman Stuns…

Singer Ray LaMontagne collapsed on stage in Nashville during his…

By – Rihem Akkouche
America September 8, 2026
2027 Social Security Benefit Changes: Projected…

Social Security is preparing shifts for 2027 that could reshape…

By – Rihem Akkouche
America September 8, 2026
2027 Social Security Benefit Changes: Projected…

Social Security is preparing shifts for 2027 that could reshape…

By – Rihem Akkouche
America September 8, 2026
Ex-Geico Agents Benefits Dispute Stalls as…

An Ohio federal court has slammed the door on former…

By – Rihem Akkouche
America September 8, 2026
Biogen MS Drug Monopoly Suit Survives…

An Illinois federal judge on Tuesday kept alive a high-stakes…

By – Rihem Akkouche
America September 8, 2026
Apogem 11th PE Fund Closes at…

Private markets firm Apogem Capital announced Tuesday it has sealed…

By – Tyler Brooks
America September 8, 2026
Ocarina of Time Remake Set for…

Nintendo today unveiled a remake of The Legend of Zelda:…

By – Tyler Brooks
America September 8, 2026
EverBank $3.9B WaFd Deal Forges Coast-to-Coast…

In a bold consolidation that could redraw the map of…

By – Tyler Brooks
America September 6, 2026
Pokémon Card Values Soar as Investors…

Three Things Collectors Should Know A record $16.492 million Pokémon…

By – Samuel Lopez
America September 6, 2026
California Appeals Court Upholds Mutual DVROs…

3 Key Takeaways California’s Sixth District Court of Appeal upheld…

By – Samuel Lopez
America September 6, 2026
DOJ Backs OpenAI In Landmark Copyright…

Key Takeaways The Justice Department argues that training AI models…

By – Samuel Lopez
America September 2, 2026
Uber Slashes 3,300 Jobs As Sweeping…

Inside the Corporate Shake-Up Uber is eliminating approximately 3,300 positions,…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 29, 2026
Coffeehouse Crime Examines Tennessee ‘House of…

Coffeehouse Crime creator Adrian Stewart has revisited one of the…

By – Jackie Allen
America September 6, 2026
Egyptian TV Host Sarah Khalifa Sentenced…

Key Takeaways Sarah Khalifa and 11 other defendants received death…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
Pokémon Card Lawsuits Put Missing Collections…

Key Takeaways An Indiana collector alleges a consignment shop failed…

By – Samuel Lopez
America September 6, 2026
Burning Man 2026 Records Second Death…

By Samuel López | USA Herald BLACK ROCK DESERT, Nev.…

By – Samuel Lopez
America September 6, 2026
Low-Altitude Pennsylvania Orb Video Raises New…

Key Takeaways A striking Pennsylvania video shows a bright, silent…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America August 25, 2026
Forensic Identification Breakthrough Helps Identify 9/11…

Nearly 25 years after the September 11, 2001, terrorist attacks,…

By – Jackie Allen
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter