FOLLOW US

America June 4, 2024 4 mins read

DuPont ERISA Class Actions Survive Dismissal Bid in Delaware

America ı By Rochdi Rais

0 Comments

DuPont ERISA Class Actions Survive Dismissal Bid in Delaware

A federal judge in Delaware on Monday denied most motions to dismiss and overruled all objections in federal proposed class actions accusing E.I. duPont de Nemours & Co. of using outdated actuarial formulas to calculate workers' retirement benefits.

In a four-page memorandum and order, U.S. District Judge Jennifer L. Hall found most claims strong enough to clear the bar for dismissal in the two cases alleging violations of the Employee Retirement Income Security Act.

The claims had already been recommended to go forward in February by U.S. Magistrate Judge Laura D. Hatcher.

"Plaintiffs nonetheless filed objections and defendants responded," Judge Hall wrote. "I can quickly deny plaintiffs' objections" in one of the two cases based on failures to identify a standard of review and to certify that the objections raise no new arguments," she added.

Mary J. Hamrick, David B. Beckley, and Valentin Rodriguez filed the first suit in March against E.I. du Pont, alleging it violated ERISA by failing to use U.S. Treasury Department actuarial assumptions to calculate benefits they received under their pension plan's income-leveling option for those who retire before age 62.

The retirees said ERISA requires companies to ensure that ILO monthly payments are calculated using specific actuarial assumptions, including applicable mortality tables and interest rates published by the Treasury Department. However, DuPont relied on models that failed to account for improved mortality rates since the 1960s, costing retirees tens of thousands of dollars, according to the complaint.

Weeks later, James Manning lodged his complaint against DuPont, claiming its use of outdated actuarial tables also excessively reduced benefits paid out to people who opted to receive spousal benefits.

Judge Hall wrote that she also would deny the Hamrick complaint objections because they focused only on nonbinding dicta in the magistrate's report.

"I do not think I need to join in a discussion about dicta, and by adopting a report and recommendation, I do not necessarily join in every word of a magistrate judge," Judge Hall wrote.

Manning also alleged in his complaint that DuPont violated its fiduciary duty because it administered the plan knowing that its use of faulty models violated federal benefits law.

Judge Hall upheld the magistrate judge's findings that the bulk of Manning's suit should be allowed to move forward, while ruling that the plaintiff's breach of fiduciary duty claim should be tossed because fiduciaries can't infringe on their duties under ERISA simply because they followed a pension plan's documents.

After the ruling, the judge gave the parties 30 days to prepare and file a proposed scheduling order and a three-page letter from each detailing "what this case is about," the parties' positions in any disputes on the schedule, and a list of other issues to be addressed in a pending conference on the timetable.

E.I. du Pont is a subsidiary of Corteva Inc. — a company that produces agricultural chemicals — and exists separately from DuPont de Nemours Inc. as the result of a 2017 merger between EIDP and the Dow Chemical Co. DuPont de Nemours is not a defendant in either of the proposed class actions.

Counsel for the parties did not immediately respond to a request for comment Monday.

The plan participants are represented by Carmella P. Keener of Cooch & Taylor PA, Douglas P. Needham of Motley Rice LLC, and Robert A. Izard and Christopher M. Barrett of Izard Kindall & Raabe LLP.

DuPont is represented by Chad S.C. Stover of Barnes & Thornburg LLP, and Christian J. Pistilli, Laura Flahive Wu, Robert Newman, and Nicholas Pastan of Covington & Burling LLP.

The cases are Hamrick et al. v. E.I. du Pont de Nemours and Co. et al., case number 1:23-cv-00238, and Manning v. EIDP Inc. et al., case number 1:23-cv-00271, in the U.S. District Court for the District of Delaware.

Previous Article

Vietnamese EV Company Faces Investor Suit Over SPAC Merger

Read More
2773 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

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

Don’t Miss It
America October 21, 2026 Spartanburg Woman $8K Insurance Fraud Case Leads to Arrest By – Rachel Moore
America October 21, 2026
Children’s Mercy Insurance Coverage Changes: Kansas…

Children’s Mercy Hospital in Kansas City will no longer participate…

By – Rachel Moore
America October 21, 2026
BioWare Closing: EA Shuts Down Legendary…

Electronic Arts is reshaping its videogame empire in a sweeping…

By – Rachel Moore
America October 21, 2026
Musk and Trump Have a Starlink…

Opinion | Starlink restrictions in Ukraine have exposed a problem Elon Musk…

By – Michallie Harrison
America October 21, 2026
Texas Trans Texts Spark Election Propaganda…

News Analysis | Texas voters began casting early ballots Monday,…

By – Michallie Harrison
America October 20, 2026
Auto-Owners Insurers Verdict: Jury Awards Warehouse…

A North Carolina federal jury has awarded nearly $2 million…

By – Tyler Brooks
America October 20, 2026
NJ $10M Car Insurance Fine: Geico…

New Jersey insurance regulators have accused Geico of overcharging motorists…

By – Tyler Brooks
America October 20, 2026
Ara Partners $2.5B Energy Fund Reaches…

Ara Partners has secured $2.5 billion in capital commitments for…

By – Tyler Brooks
America October 20, 2026
DXC Sell Insurance Software Division in…

DXC Technology is in advanced discussions to sell its insurance…

By – Tyler Brooks
America October 20, 2026
Burger King Hello Kitty Meal Arrives…

Few pairings feel as inevitable as a kids’ meal and…

By – Rachel Moore
America October 20, 2026
Kyle Kennedy Death at 42 Mourned…

Some people inherit a famous name. Fewer spend it on…

By – Rachel Moore
America October 20, 2026
Christina Applegate Misdiagnosed: Five Years Treating…

Most people would celebrate hearing they don’t have a chronic…

By – Rachel Moore
America October 20, 2026
Prudential’s $4B Brazil Mexico Sale Hands…

Big companies sometimes grow by letting go, the way a…

By – Rachel Moore
America October 20, 2026
California Ballots: DOJ Cites Charges Against…

WASHINGTON — The Justice Department is citing charges against 28…

By – Michallie Harrison
America October 20, 2026
Richard Riehle Dies at 78, Leaving…

Richard Riehle, the character actor whose memorable roles included “Office…

By – Michallie Harrison
America October 20, 2026
Extreme Heat Is Spreading and Lasting…

An extreme heat event lasting 367 days touched nearly 85%…

By – Michallie Harrison
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 19, 2026
Kohen Wiley Is Dead. Mississippi Owes…

Kohen Wiley was 1 year old when police gunfire killed…

By – Michallie Harrison
America October 19, 2026
AP Fact Check Examines Online Claims…

AP Fact Check reviews disputed claims, examines evidence and helps…

By – Jackie Allen
America October 19, 2026
Skywatchers: Meteor Season Brings Orionid and Taurid…

The Autumn Meteor Season is underway,. Skywatchers will have two…

By – Jackie Allen
America October 19, 2026
Patriot Missiles Delayed Despite Payment, Zelenskyy…

WASHINGTON — The United States is delaying deliveries of Patriot…

By – Michallie Harrison
America October 19, 2026
Trump’s Russia Policy: Cornyn Shares Investigation…

WASHINGTON — Republican Sen. John Cornyn has amplified a call…

By – Michallie Harrison
America October 19, 2026
Human Genome Project Legacy Advances Research…

The Human Genome Project transformed scientists’ understanding of human DNA.…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie Harrison
America October 18, 2026
Hunter’s Moon Illuminates October Skies

The Hunter’s Moon will light up the autumn sky in…

By – Jackie Allen
America October 16, 2026
HealthSplash VP 18 Months Sentencing Rewards…

Cooperation can shave years off a prison term, but it…

By – Tyler Brooks
America October 16, 2026
Daylight Saving Time Returns Nov. 1…

Americans will turn their clocks back one hour on Nov.…

By – Jackie Allen
America October 16, 2026
California Identifies New York Life, Aetna,…

Key Takeaways   California’s Department of Insurance maintains an official…

By – Samuel Lopez
America October 16, 2026
Three Children, Teacher Killed in Oregon…

BEND, Ore. — An Oregon school shooting killed three children…

By – Michallie Harrison
America October 15, 2026
Trump Scraps Hegseth’s Execution Livestream After…

WASHINGTON — President Donald Trump canceled the planned execution livestream…

By – Michallie Harrison
America October 13, 2026
Pope Leo XIV’s Surgery Exposes Gap…

By Samuel López | USA Herald VATICAN CITY — As…

By – Samuel Lopez
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter