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dismiss and overruled all objections in federal proposed class actions accusing E.I. duPont de Nemours & Co. of using outdated actuarial formulas to calculate workers' retirement benefits.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Weeks later, James Manning lodged his complaint against DuPont, claiming its use of outdated actuarial tables also excessively reduced benefits paid out to people who opted to receive spousal benefits.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
2774 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 November 10, 2026 U.S. Soldier Arrested in U.K. in Russia Spy Investigation By – Michallie K Harrison
America November 10, 2026 Oil Giants Earn $25 Billion as Drivers Pay More By – Michallie K Harrison
America November 10, 2026 Colts agree to trade WR Josh Downs to Chiefs By – Rachel Moore
America November 10, 2026
Senior US Soldier Arrested by UK…

A senior member of the U.S. Army has been arrested…

By – Tyler Brooks
America November 10, 2026
Vitamin K Deficiency Bleeding: Why the…

A single injection administered in the first hours of life…

By – Tyler Brooks
America November 10, 2026
Texas Man Charged With Murder in…

A cruise vacation took a horrifying turn when a woman…

By – Tyler Brooks
America November 10, 2026
Pete Hegseth faces impending House impeachment…

U.S. Defense Secretary Pete Hegseth faces a potentially historic political…

By – Tyler Brooks
America November 10, 2026
Hulu Revisits California’s Speed Freak Killers…

Hulu is taking viewers back into one of California’s most…

By – Jackie Allen
America November 10, 2026
Infant Bleeding Surges as Vitamin K…

Infant bleeding rose as fewer newborns received vitamin K shots,…

By – Michallie K Harrison
America November 10, 2026
UGA Leads $8 Million Initiative to…

The University of Georgia (UGA) has received an $8 million…

By – Jackie Allen
America November 10, 2026
Hegseth Impeachment: A Defiant Fight to…

WASHINGTON — The Hegseth impeachment fight escalated Tuesday as the…

By – Michallie K Harrison
America November 10, 2026
Newsom Commutes All 548 California Death…

Gov. Gavin Newsom on Thursday, Nov. 5, announced he will…

By – Derek Johnson
America November 10, 2026
FBI Investigates Nvidia CEO Jensen Huang’s…

By Samuel López | USA Herald WASHINGTON — Nvidia CEO…

By – Samuel Lopez
America November 10, 2026
OpenAI Hit With Racketeering Lawsuit Over…

Behind the $20 Billion Deal Three Georgia residents accuse OpenAI…

By – Samuel Lopez
America November 9, 2026
Jasmyne Garcia  Beaten to Death  in…

MORGAN HILL, Calif. — Jasmyne Garcia, 34, was allegedly beaten…

By – Jackie Allen
America November 9, 2026
Hegseth Impeachment: 8 Charges Put the…

WASHINGTON — Rep. Thomas Massie renewed his Hegseth impeachment push…

By – Michallie K Harrison
America November 9, 2026
Natalee Holloway Case Returns to Spotlight…

  ARUBA — More than 20 years after Natalee Holloway…

By – Jackie Allen
America November 9, 2026
Jenson Huang Scandal: Nvidia Investigates CEO’s…

SAN FRANCISCO (AP) — Jenson Huang, the chief executive of…

By – Jackie Allen
America November 9, 2026
Trump Downplays Iran Strikes as U.S.…

WASHINGTON — President Donald Trump says major new Iran strikes…

By – Michallie K Harrison
America November 9, 2026
Russell Brand Sentenced to 10½ Years…

LONDON — Russell Brand was sentenced to 10 years and…

By – Michallie K Harrison
America November 9, 2026
Nvidia Probes Alleged Spy Operation Targeting…

WASHINGTON — Nvidia’s Jensen Huang investigation will examine reports that…

By – Michallie K Harrison
Breaking News November 10, 2026
Nvidia Opens Investigation Into CEO Jensen…

Nvidia's board has opened an investigation into reports that CEO…

By – Derek Johnson
America November 9, 2026
Chappelle’s Charlie Kirk Joke Tests Free…

Dave Chappelle’s Charlie Kirk joke has drawn angry responses from…

By – Michallie K Harrison
America November 8, 2026
JWST discovers 104 magnified stellar events…

Astronomers using NASA’s James Webb Space Telescope have identified 104…

By – Jackie Allen
America November 8, 2026
Artemis Program: NASA Seeks New Astronauts…

CAPE CANAVERAL, Fla. — NASA is recruiting a new generation…

By – Jackie Allen
America November 7, 2026
KPMG Settles – Agrees To Pay…

What the $224.5 Million Settlement Reveals KPMG agreed to a…

By – Samuel Lopez
America November 7, 2026
Mike Tyson And Ric Flair Score…

Inside the $50 Million Legal Battle A federal judge rejected…

By – Samuel Lopez
America November 6, 2026
Hackers Target French Blood Banks In…

By Samuel Lopez – USA Herald A cyberattack targeting blood-storage…

By – Samuel Lopez
America November 5, 2026
AI Flagged Bias in Trump Climate…

WASHINGTON — Researchers on a Trump climate panel asked Microsoft…

By – Michallie K Harrison
America November 5, 2026
Russell Brand Convicted of Rape, Taken…

LONDON — Russell Brand was convicted of rape and three…

By – Michallie K Harrison
America November 3, 2026
Supreme Court Takes Up Colorado Preschool…

What the Justices Must Decide Colorado says every publicly funded…

By – Samuel Lopez
America November 2, 2026
California Botox Doctor Gets 15 Years…

What the Medicare Records Revealed A California doctor billed more…

By – Samuel Lopez
America October 31, 2026
A New 2026 Twin Study Revives…

Three Takeaways Identical twins and triplets were separated through adoption…

By – Samuel Lopez
America November 5, 2026
Dallas Cowboys Face  Crisis After Crushing…

By Jackie Allen | USA Herald The Dallas Cowboys are…

By – Jackie Allen
America November 4, 2026
WNBA: DeWanna Bonner Makes Emotional Admission…

ATLANTA — The WNBA Finals ended in heartbreak for the…

By – Jackie Allen
America November 4, 2026
Inés Gómez Mont Arrested by ICE…

MIAMI —  Inés Gómez Mont, a former television personality who…

By – Jackie Allen
America October 31, 2026
Bill Belichick and Jordon Hudson Reportedly End…

Bill Belichick and Jordon Hudson reportedly ended their romantic relationship…

By – Jackie Allen
America October 29, 2026
Brewers Beat Rays to Win First…

ST. PETERSBURG, Fla. — The Milwaukee Brewers won their first…

By – Michallie K Harrison
America October 23, 2026
Connor Hellebuyck Traded to New Jersey…

The New Jersey Devils have made a major move to…

By – Tyler Brooks

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter