The legal standoff between Dish Network Corp. and its employees over alleged retirement fund mismanagement has reached a new crescendo. The company urged a Colorado federal judge to toss out the Dish Network 401(k) Fund Suit, arguing that the case “stalls at the starting line” due to a lack of credible evidence.
Filed Tuesday, Dish’s motion for summary judgment aims to end the class action that accuses the company of violating the Employee Retirement Income Security Act (ERISA) by keeping underperforming funds in its 401(k) plan. Dish insists the claims rest on “rootless speculation,” not substantiated facts.
Dish Network Strikes Back: “No Proof of Imprudence”
“At summary judgment, the lawsuit must run on competent, admissible evidence; this one stalls at the starting line,” Dish declared, accusing plaintiffs of failing to show that its investment choices were objectively unreasonable.
The case dates back to January 2022, when a group of employees sued Dish, claiming that its Fidelity Freedom Funds lagged behind comparable market options and that the company cost plan participants roughly $2 million in excessive recordkeeping fees — allegedly between $19 and $29 more per person per year.
In 2024, the court granted class certification, encompassing all workers who invested in Dish’s 401(k) plan from January 21, 2016, onward. But Dish contends that the workers’ allegations crumble under scrutiny.
