Judge dismisses amended complaint in Wells Fargo stock-drop case

Judge dismisses amended complaint in Wells Fargo stock-drop case
Suit involved decline in price of company stock held in the 401(k) plan after regulators fined Wells.
JUL 24, 2018
A U.S. District Court judge in Minneapolis dismissed for the second time a lawsuit by participants in the 401(k) plan of Wells Fargo & Co., saying plaintiffs failed to prove their complaints of fiduciary breaches regarding the management of a company stock fund within the plan. The participants had argued that plan fiduciaries could have taken action to offset the alleged damage to the plan's stock fund following the issuance of a $100 million fine in September 2016 by the Consumer Finance Protection Bureau based on unethical sales practices by some Wells Fargo employees. In his first dismissal of the case, in September 2017, U.S. District Judge Patrick J. Schiltz said the participants failed to show that an alternative action by a prudent fiduciary would have done a better job to protect the participants' investments. (More: Judge dismisses stock-drop suit against Allergan) Wells Fargo's stock closed at $49.77 on Sept. 7, 2016, the day before the fines were announced. It dropped to a low of $43.55 after the fines were announced, but the stock closed at $54.03 when the judge issued his first dismissal. In the initial complaint, participants said Wells Fargo's fiduciaries violated their ERISA duty of prudence and duty of loyalty. The judge dismissed both claims, but said plaintiffs could file an amended complaint regarding duty of loyalty in the case of In Re; Wells Fargo ERISA 401(k) Litigation. The judge rejected the amended complaint in a July 19, 2018, ruling. "Given that the court has already held that plaintiffs' prudence claim does not meet the standard" established by the U.S. Supreme Court in 2014, "the court must dismiss plaintiffs' loyalty claim for the same reason," he wrote. The concerns that the Supreme Court justices "expressed about prudence claims apply with equal force to loyalty claims," he wrote. "Judges must be as concerned about weeding out meritless loyalty claims as they are about weeding out meritless prudence claims." He dismissed the complaint with prejudice. The Wells Fargo & Company 401(k) Plan, Minneapolis, had $45.91 billion in assets as of Dec. 31, according to the company's latest 401(k) filing. (More: Company stock fading in 401(k) plans) Robert Steyer is a reporter at InvestmentNews' sister publication Pensions & Investments.

Latest News

Texas man says SEC and fund could make him pay twice
Texas man says SEC and fund could make him pay twice

A $141M judgment and a federal asset freeze collide over one shrinking pool

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.