FOLLOW US

America August 30, 2024 3 mins read

Steel Dynamics Escapes 401(k) Lawsuit Over Alleged Underperforming Funds

America ı By Rihem Akkouche

0 Comments

Steel Co Escapes 401(k) Lawsuit Dodge

Steel Dynamics Inc. has successfully dodged a 401(k) lawsuit after an Indiana federal judge dismissed claims that the steel producer mismanaged its $2 billion retirement plan by selecting underperforming funds. The ruling, issued by U.S. District Judge Cristal C. Brisco on Thursday, found that the plaintiffs did not provide sufficient evidence to prove the funds performed significantly worse than others available on the market.

Lack of Proof on Underperformance Leads to Dismissal

The lawsuit, brought under the Employee Retirement Income Security Act (ERISA), alleged that Steel Dynamics' investment committee breached its fiduciary duties by choosing poorly performing funds for the company's retirement plan. The plaintiffs argued that the funds they challenged underperformed compared to others over periods of six to ten years. However, Judge Brisco ruled that these allegations lacked the necessary proof of "persistent" and "material" underperformance, which is required to sustain a fiduciary breach claim.

"Without a showing of material underperformance, all plaintiffs show is that certain investments, in hindsight, performed better than the challenged funds, which does not speak to fiduciary process," the judge stated in her order.

Steel Dynamics' Defense and Judicial Findings

Steel Dynamics defended its investment choices by pointing to data that showed the challenged funds sometimes had rates of return within 5% of those the plaintiffs claimed were better options. The judge agreed with this defense, ruling that the plaintiffs had not demonstrated that the inclusion of these funds in the retirement plan was unsound.

"Without more, plaintiffs have not adequately pleaded persistent and material underperformance necessary for a breach of fiduciary duty claim," Judge Brisco wrote.

Because the failure-to-monitor claim was derivative of the breach of fiduciary duty claim, the judge also dismissed those allegations.

Steel Co Escapes 401(k) Lawsuit Dodge : Opportunity to Amend Complaint

Despite the dismissal, the judge allowed the plaintiffs an opportunity to file an amended complaint by September 20. This leaves the door open for the workers to potentially refine their claims and bring the case back to court.

Steel Co Escapes 401(k) Lawsuit Dodge : Other Legal Arguments Addressed

Steel Dynamics also argued that the workers lacked standing to lead the lawsuit, but Judge Brisco rejected this claim. The judge noted that at least one plaintiff had invested in the challenged funds, thus giving them standing to sue.

Additionally, the company attempted to have the suit dismissed on the grounds that the plaintiffs had not exhausted their administrative remedies before filing the lawsuit. However, the judge sided with the plaintiffs, stating that the retirement plan's administrative process did not specifically cover fiduciary breach claims, so this argument was insufficient to dismiss the case.

Legal Representation

The plaintiffs in the case were represented by Mark K. Gyandoh and Donald R. Reavey of Capozzi Adler PC. Steel Dynamics was represented by Alison V. Douglass and James Fleckner PHV of Goodwin Procter LLP, and William A. Ramsey of Barrett McNagny LLP.

As the case stands, Steel Dynamics has successfully avoided the 401(k) lawsuit for now, but the potential for an amended complaint looms, which could bring the case back to the courtroom.

Previous Article

Texas Lawyers Presentations Payment at Legal Conferences

Read More
4571 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 September 08, 2026
Biogen MS Drug Monopoly Suit Survives as Judge Rejects Dismissal Bid
By – Rihem Akkouche
America September 08, 2026
Apogem 11th PE Fund Closes at $597 Million Hard Cap
By – Tyler Brooks
America September 08, 2026
Ocarina of Time Remake Set for Switch 2 Launch on November 5
By – Tyler Brooks
America September 08, 2026
EverBank $3.9B WaFd Deal Forges Coast-to-Coast Banking Powerhouse
By – Tyler Brooks
America September 8, 2026
GE Aerospace $11.75B CPP Deal Secures…

Jet engines rely on components forged with almost surgical precision,…

By – Tyler Brooks
America September 7, 2026
What’s Open on Labor Day: A…

Labor Day weekend has officially arrived, and whether you’re racing…

By – Tyler Brooks
America September 7, 2026
Amazon Plane Crash at Miami Airport…

A cargo jet that never should have run out of…

By – Tyler Brooks
America September 6, 2026
Amazon Cargo Plane Crash in Miami…

Key Takeaways At least five people died and five were…

By – Samuel Lopez
America September 6, 2026
Egyptian TV Host Sarah Khalifa Sentenced…

Key Takeaways Sarah Khalifa and 11 other defendants received death…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
Pokémon Card Values Soar as Investors…

Three Things Collectors Should Know A record $16.492 million Pokémon…

By – Samuel Lopez
America September 6, 2026
Pokémon Card Lawsuits Put Missing Collections…

Key Takeaways An Indiana collector alleges a consignment shop failed…

By – Samuel Lopez
America September 6, 2026
Burning Man 2026 Records Second Death…

By Samuel López | USA Herald BLACK ROCK DESERT, Nev.…

By – Samuel Lopez
America September 6, 2026
Low-Altitude Pennsylvania Orb Video Raises New…

Key Takeaways A striking Pennsylvania video shows a bright, silent…

By – Samuel Lopez
America September 6, 2026
California Appeals Court Upholds Mutual DVROs…

3 Key Takeaways California’s Sixth District Court of Appeal upheld…

By – Samuel Lopez
America September 6, 2026
California Appeals Court Upholds Mutual DVROs…

3 Key Takeaways California’s Sixth District Court of Appeal upheld…

By – Samuel Lopez
America September 6, 2026
DOJ Backs OpenAI In Landmark Copyright…

Key Takeaways The Justice Department argues that training AI models…

By – Samuel Lopez
America September 2, 2026
Uber Slashes 3,300 Jobs As Sweeping…

Inside the Corporate Shake-Up Uber is eliminating approximately 3,300 positions,…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 29, 2026
Coffeehouse Crime Examines Tennessee ‘House of…

Coffeehouse Crime creator Adrian Stewart has revisited one of the…

By – Jackie Allen
America August 29, 2026
Teen Killer Brae Hansen Granted Parole…

A teen killer who helped plot the 2007 murder of…

By – Jackie Allen
America September 6, 2026
UN Adopts New World Map Shrinking…

3 Key Takeaways The UN General Assembly voted 164-1 to…

By – Samuel Lopez
America September 5, 2026
Nepal Floods Could Push Insurance Losses…

3-Key Takeaways Nepal’s commercial insurance losses could exceed 20 billion…

By – Samuel Lopez
America September 4, 2026
VantageScore Opens to All Fannie, Freddie…

WASHINGTON — VantageScore 4.0 is now available to all lenders…

By – Michallie Harrison
America September 4, 2026
Alanis Morissette Sues Ex-Tour Manager Over…

INSIDE THIS REPORT Morissette alleges her former tour manager demanded…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 4, 2026
Barry Hankerson Blames Son For Aaliyah…

On The Docket Barry Hankerson alleges his son failed to…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America August 25, 2026
Forensic Identification Breakthrough Helps Identify 9/11…

Nearly 25 years after the September 11, 2001, terrorist attacks,…

By – Jackie Allen
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter