$2.7M Trojan Horse Retirement Plan ERISA Class Action Settlement

Who is a Class Member

You are a member of the Trojan Horse Retirement Plan ERISA Settlement if you were an employee of Trojan Horse, Ltd., Glen Burnie Hauling, Inc., BDH Logistics, LLC, or Capitol Expressways, Inc., and you contributed to the Trojan Horse Ltd 401(k) Plan through payroll deduction from January 1, 2011, through September 20, 2016.

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.

Settlement Amount

  • $2,702.233.37

Estimated Award

  • Varies

The amount of your money you will be entitled to will be approximately 85% of the monies deducted as Plan contributions from your pay, but not deposited into the Plan on your behalf.

Proof of Purchase

  • N/A

Claim Form

  • N/A

Trojan Horse Retirement Plan ERISA Settlement Notes

  • Longo v. Trojan Horse Ltd.
  • Case No. 5:13-cv-418-BO
  • Pending in the U.S. District Court for the Eastern District of North Carolina

In 2013, four plaintiffs who were former employees of Trojan Horse Ltd. or Glen Burnie Hauling, Inc. brought this class action lawsuit alleging violations of the Employee Retirement Income Security Act (ERISA). Specifically, the plaintiffs assert that they and other participating employees in the Trojan Horse Retirement Plan had a porttion of their wages deducted as contributions into the Plan, but these contributions were never deposited.

According to court documents, Ascensus Trust Company was the directed trustee for the Trojan Horse Retirement Plan. The case went to trial and Ascensus was found to not have met its fiduciary duty in making sure employees’ contributions were properly paid into the Plan and was ordered to pay $2,985.914.27. Ascensus appealed the ruling and during the appeal process, the parties reached a settlement for $2,702.233.37 (around 90% of what was won at trial).

The settlement also indicates that Ascensus will pick up the full tab for attorneys’ fees, court costs, and expenses as well as half of the settlement administration costs. These amounts will be separate from the $2.7 million settlement and will not reduce any settlement payouts to Class Members.

Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Trojan Horse Retirement Plan ERISA Settlement website.

Class members who wish to exclude themselves or object to the terms of the Trojan Horse Retirement Plan ERISA Settlement must do so by May 7, 2018. Class members who wish receive benefits from the settlement do not need to do anything.

Important Dates

  • 5/7/18: Objection or Exclusion Deadline
  • 6/5/18: Final Hearing at  2:00 pm ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check TrojanHorseSettlement.com to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: Longo v. Trojan Horse, c/o Notice Administrator, 1801 Market Street, Suite 660, Philadelphia, PA 19103
  • Phone: 1-877-445-0259

Class Counsel

  • Stephen A. Dunn and S. Michael Dunn of Emanuel & Dunn
  • Steven R. Jaffe and Mark S. Fisto

Settlement Website

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