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ARTICLE · 15 JULY 2026

ERISA Litigation Update - Q2 2026

The Eighth Circuit has issued the first appellate ruling on ERISA forfeiture lawsuits, affirming dismissal of claims against Wells Fargo's use of forfeitures to offset employer contributions. This landmark decision addresses standing requirements in cases challenging how retirement plans reallocate forfeited funds from departing employees, potentially impacting approximately 100 similar lawsuits pending in federal courts.

United StatesEmployment and HR

Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these cases across the country, as well as representing clients in Department of Labor investigations. The ERISA Litigation Update gathers notable developments in this space, including important court decisions and appeals as well as regulatory guidance, and provides information regarding those developments on a quarterly basis.

1. Eighth Circuit Court of Appeals Affirms Dismissal in First Forfeiture Appeal to Reach Decision

Key Takeaway: The Eighth Circuit became the first appellate court to weigh in on the wave of ERISA forfeiture lawsuits coming up through the federal courts. In Matula v. Wells Fargo & Company (No. 25-2441), the Eighth Circuit affirmed the standing-based dismissal of a challenge to Wells Fargo’s use of forfeitures to satisfy its employer

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