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Cash Advance Co. Dodges 401(k) Fiduciary Breach Claims

Law360 (July 12, 2018, 8:35 PM EDT) -- An Ohio federal judge on Thursday tossed an Employee Retirement Income Security Act suit alleging an emergency cash advance company wrongly placed its employees’ retirement savings into high-fee, poorly performing funds, finding that the plan participant behind the case waited too long to bring the claims.

U.S. District Judge James L. Graham granted Checksmart Financial LLC’s motion to dismiss Enrique Bernaola’s 2016 suit on behalf of himself and the company’s 401(k) plan, holding that the claims were barred by the three-year statute of limitations applicable in...
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Case Information

Case Title

Bernaola v. Checksmart Financial LLC et al

Case Number



Ohio Southern

Nature of Suit

Labor: E.R.I.S.A.


James L. Graham

Date Filed

July 14, 2016

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