Judge Hale countered that the workers’ claims about recordkeeping services being fungible, meaning differences in services were immaterial to the fees charged, were sufficient to survive dismissal at this stage.
Ongoing Litigation
The lawsuit, filed in June 2023, also reflects broader concerns about excessive fees in retirement plans, a common issue in ERISA litigation. AmerisourceBergen, which recently announced it would change its name to Cencora Inc., will continue to face scrutiny as the case progresses.
The plaintiffs are represented by Paul M. Secunda of Walcheske & Luzi LLC and Paul Hershberg of Paul Hershberg Law PLLC. AmerisourceBergen is represented by Morgan Lewis & Bockius LLP and Dinsmore & Shohl LLP.
