Western District of North Carolina Dismisses Untimely Breach of Fiduciary Duty Case

In David v. Alphin (Case No. 3:07-cv-00011-MOC), the U.S. District Court for the Western District of North Carolina dismissed as time barred a putative class action, which alleged that Bank of America and various plan fiduciaries breached their ERISA fiduciary duties by selecting Bank of America-affiliated mutual funds as investment options in the Bank of America 401(k) plan that allegedly charged improper and excessive fees.

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