FOLLOW US

America March 28, 2025 3 mins read

Federal Judge Rejects Labcorp’s Bid for Early Victory in 401(k) Fee Suit

America ı By Rihem Akkouche

0 Comments

Labcorp 401(k) Fee Suit

A North Carolina federal judge denied Labcorp's motion for an early win Friday in a class of employee 401(k) participants' suit alleging their retirement savings were mismanaged, citing the parties' factual disputes over whether recordkeeping fees and investment offerings violated federal benefits law.

Judge Rules Disputes Must Be Resolved in Court

U.S. District Judge Loretta C. Biggs entered a memorandum opinion and order denying a motion for summary judgment from Laboratory Corporation of America Holdings in the Employee Retirement Income Security Act class action from Labcorp worker Damian McDonald.

McDonald first sued in 2022, alleging Labcorp breached ERISA's fiduciary duty of prudence by retaining high-fee investment offerings in its 401(k) plan and by allowing its plan recordkeeper, Fidelity Workplace Services LLC, to charge excessive fees.

Judge Biggs said in her order Friday that the court found that genuine issues of material fact remained regarding whether Labcorp breached its ERISA fiduciary duty of prudence by allowing Fidelity's recordkeeping fees. The parties' experts also disputed whether higher-cost share classes of mutual funds offered to retirees were imprudent in violation of ERISA, Judge Biggs said.

"This court cannot choose a side in the 'battle of the experts' at the summary judgment stage," Judge Biggs stated.

Disputes Over Recordkeeping Fees and Float Compensation

Regarding the recordkeeping fees, Judge Biggs cited numerous disputes between the two sides' experts, including a disagreement about whether Labcorp should have monitored float compensation that Fidelity received on plan participants' money. The parties also disagreed on exactly how much money Fidelity earned regarding that compensation, Judge Biggs said.

McDonald's amended complaint filed in November 2022 describes float compensation that LabCorp agreed to allow Fidelity. Labcorp agreed to route plan participants' money through a Fidelity clearing account whenever it was deposited or withdrawn and agreed to let Fidelity keep interest or other investment returns earned on plan participant money while the money sat in the clearing account that was typically for a period of two to three days, the complaint said. Labcorp said in a reply brief filed in December in defense of its recordkeeping fees that following negotiations with its investment consultant Captrust, Fidelity had agreed to rebate all revenue sharing and float compensation back to the plan beginning in July 2018.

Class Action Status and Expert Testimony Rulings

The denial of summary judgment comes after 401(k) plan participants won class certification in October, certifying a group of approximately 55,000 beneficiaries who participated in the 401(k) plan from November 2016 to the present.

In addition to denying the motion for summary judgment, Judge Biggs sorted through two motions from Labcorp to exclude expert opinions submitted by the class. Judge Biggs granted Labcorp's motion to exclude an expert's testimony regarding float compensation received by Fidelity but denied Labcorp's motion to exclude another expert's opinions about recordkeeping and administrative fees after finding that expert's methodology was reliable.

Counsel for the parties and a Labcorp spokesperson didn't immediately respond Friday to requests for comment on the decision.

McDonald is represented by Matthew J. Norris of Norris Law Firm PLLC, by Brandon J. Hill, Luis A. Cabassa and Amanda E. Heystek of Wenzel Fenton Cabassa PA and by Michael C. McKay of McKay Law LLC.

Previous Article

Google $100M Settlement: Advertisers Secure Payout in Landmark Class

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

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

Don’t Miss It
America October 09, 2026
Trump Turns to Russian Diesel as Washington Eases Sanctions
By – Michallie Harrison
America October 9, 2026
Fortify $5.3M Motel Damage Suit: Developer…

A real estate development company is pushing back against two…

By – Rachel Moore
America October 9, 2026
Russian Hacker $10M Scheme: Oleg Korniev…

A Ukrainian-Russian dual citizen has admitted his role in an…

By – Rachel Moore
America October 9, 2026
Panama Earthquake: 7.6-Magnitude Quake Triggers Tsunami…

A powerful panama earthquake measuring 7.6 in magnitude struck off…

By – Tyler Brooks
America October 9, 2026
Mike Ditka Death at 86: Chicago…

The mike ditka death announcement has brought an era of…

By – Tyler Brooks
America October 9, 2026
Fort Hood Shooter Nidal Hasan Faces…

The fort hood shooter case has reignited a fierce national…

By – Tyler Brooks
America October 9, 2026
EEOC and Wagner Equipment $200K Deal…

The EEOC and Wagner Equipment $200K Deal could close a…

By – Tyler Brooks
America October 9, 2026
EEOC and Wagner Equipment $200K Deal…

The EEOC and Wagner Equipment $200K Deal could close a…

By – Tyler Brooks
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
Green AI Cloud $300M SPAC Merger…

Green AI Cloud $300M SPAC Merger will take the Swedish…

By – Tyler Brooks
America October 9, 2026
Cornell Rape Case Raises a Difficult…

SIDEBAR Major research generally places demonstrably false sexual-assault reports at…

By – Samuel Lopez
America October 9, 2026
Arizona Court Cyberattack Exposes 1.3 Million…

What Arizona’s Court Breach Exposed A phishing link apparently opened…

By – Samuel Lopez
America October 9, 2026
Gemini Insurance Company Tells Judge An…

What’s Inside the Ad.com Coverage Fight Gemini Insurance says Ad.com’s…

By – Samuel Lopez
America October 8, 2026
Artificial: Andrew Garfield Says Playing Sam…

Artificial intelligence has become a growing source of debate in…

By – Jackie Allen
America October 8, 2026
Hegseth’s Execution Livestream Is a Disgrace

The Pentagon plans to livestream the firing-squad execution of Nidal…

By – Michallie Harrison
America October 8, 2026
Christa Pike Survived. Can Tennessee Execute…

NASHVILLE, Tenn. — Christa Pike is conscious and speaking after…

By – Michallie Harrison
America October 8, 2026
State’s Consent to Sex Laws Face…

The debate over consent to sex is intensifying after allegations…

By – Jackie Allen
America October 8, 2026
Cornell Gang-Rape Investigation: Accuser Says She…

The Cornell gang-rape allegations have come under renewed scrutiny after…

By – Jackie Allen
America October 8, 2026
Arizona Candidate Alleges Rape While Repairing…

Candidate alleges rape after she says she was attacked while…

By – Jackie Allen
America October 8, 2026
DeSantis Slams Anthropic’s Clergy Meetings As…

Inside the Claude Clergy Controversy DeSantis says Anthropic wanted clergy…

By – Samuel Lopez
America October 8, 2026
Arizona Candidate Alleges Rape While Repairing…

Candidate alleges rape after she says she was attacked while…

By – Jackie Allen
America October 8, 2026
Emergency room visits Double After Online…

Emergency room visits tied to gambling disorders doubled after Ontario…

By – Jackie Allen
America October 8, 2026
Former Public Defender Legal Assistant Accused…

What Prosecutors Say Happened A former Ninth Circuit Public Defender’s…

By – Samuel Lopez
America October 7, 2026
Cornell Defendant Asks Court to Remove…

What Readers Need to Know Gillio Lopes, one of seven…

By – Samuel Lopez
America October 7, 2026
Televangelist’s Race Bias Trial Puts Religious…

What Jurors Are Being Asked to Decide A federal jury…

By – Samuel Lopez
America October 7, 2026
Could a COVID-Level Outbreak Disrupt Russia’s…

By Samuel López | USA Herald Russia’s mysterious Siberian health…

By – Samuel Lopez
America October 6, 2026
Russian Lab Worker’s Mystery Pneumonia Death…

WHY THIS CASE DESERVES ATTENTION A 28-year-old worker at Russia’s…

By – Samuel Lopez
America October 6, 2026
ICE Fines: Judge Halts Rule Behind…

BOSTON — A federal judge has halted a Trump administration…

By – Michallie Harrison
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
OSHA Wants Overdose Reversal Kits at…

Inside OSHA’s Overdose Playbook for Employers OSHA wants naloxone kept…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter