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Mator v. Wesco Distrib., 2024 U.S. App. LEXIS 11838, 2024 WL 2198120 (3rd Cir. May 16, 2024) (Fisher, C.J.).

Plaintiffs Nancy Mator and Robert Mator participate in the Wesco Distribution, Inc. Retirement Savings Plan. On behalf of themselves and a class of participants and beneficiaries, the Mators sued the Plan, its fiduciaries, and Wesco Distribution, Inc. (collectively, “Wesco”). The Mators allege Wesco violated fiduciary duties imposed by the Employee Retirement Income Security Act of 1974 (ERISA) because it paid excessive recordkeeping fees and failed to monitor the Plan. The District Court dismissed the complaint with prejudice. But under controlling law, the complaint properly states these claims. We will therefore vacate and remand.