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Barrick Gold Workers Ask Judge to Rethink Axing 401(k) Fee Suit

May 20, 2022, 3:24 PM

Employees suing Barrick Gold of North America Inc. over its 401(k) plan fees asked a Utah federal judge to rethink her April decision dismissing their case, arguing that she failed to fully account for a recent US Supreme Court ruling.

The Supreme Court’s January decision in Hughes v. Northwestern Univ. represents a “change in the controlling law” and warrants reconsideration of the claims levied against Barrick under the Employee Retirement Income Security Act, employees said in a motion filed Thursday. The decision dismissing their case relies on “pre-Hughes” authority and doesn’t account for new rulings out of the ...