Exelon Wins Dismissal Of 401(k) Fee Action

Law360, New York (December 11, 2009, 12:06 PM EST) -- A federal judge has tossed a class action by Exelon Corp. employees claiming the electric utility charged unreasonable 401(k) plan fees, in the wake of an appeals court ruling in a separate case that involved the same theories of liability for breach of fiduciary duty under the Employee Retirement Income Security Act.

Judge John W. Darrah of the U.S. District Court for the Northern District of Illinois on Wednesday dismissed the suit after finding that their claims against Chicago-based Exelon were not factually distinguishable from the...
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