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Boeing 401(k) fiduciary breach lawsuit settled

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Boeing 401(k) fiduciary breach lawsuit settled

Attorneys for The Boeing Co., Chicago, and participants in a Boeing 401(k) plan reached a provisional settlement in a case in which the participants had alleged breaches of fiduciary duty by plan administrators, according to a notice filed in a federal court in East St. Louis, Illinois.

The notice filed Wednesday by U.S. District Judge Nancy J. Rosenstengel didn't describe the terms of the provisional settlement. The notice said the parties reached an agreement before a trial was scheduled to have started Wednesday.

“The parties have not informed the court as to the contours of the provisional settlement at this time,” Judge Rosenstengel's notice said in reference to the case, Spano et al. v. The Boeing Co. et al.

“There has been a preliminary settlement,” said Charles “Chaz” Bickers, a Boeing spokesman, “but the terms are confidential.”

Jerome Schlichter, the lead attorney for the plaintiffs, could not be reached immediately for comment. Mr. Schlichter is the founding and managing partner of the law firm Schlichter, Bogard & Denton L.L.P.

The settlement marks the latest step in a case originally filed in September 2006 by current and former participants in a Boeing 401(k) plan.

In previous court filings, the plaintiffs alleged that the Boeing plan administrators breached their fiduciary duties by “causing or allowing unreasonable fees to be charged against assets of the plan.” They also alleged that plan executives “caused the plan to pay unreasonable administrative fees” for record keeping.

Robert Steyer and Barry B. Burr write for Pensions & Investments, a sister publication of Business Insurance.

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