ERISA Suit Against Caterpillar Crawls On

Law360, New York (September 26, 2008, 12:00 AM EDT) -- A putative class action filed by Caterpillar Inc. employees that alleges the company and its retirement plan administrators breached their fiduciary duty under the Employee Retirement Income Securities Act will stay in play, a federal judge has ruled.

Judge Joe Billy McDade of the U.S. District Court for the Central District of Illinois denied Caterpillar's motion to dismiss on Thursday, writing that the plaintiffs' second amended complaint could not be tossed because Caterpillar's motion did not address all of the plaintiffs' claims and it prematurely relied...
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