Another Win for Plaintiffs in DuPont Retirement Case

Cockerill, et al. v. Corteva, Inc. DuPont Specialty Products USA, LLC, et al. (Case No. 21-cv-03966-MMB, E.D. Pa.)

On March 19, 2025, as this litigation entered the final phase related to remedies for Plaintiffs, the defendants filed a Partial Motion to Dismiss and Motion to Decertify the Rule 23(b)(1) and (2) class action as to Count IV (Breach of Fiduciary Duty) and the Optional Retirement Class as to Counts II (Denial of Benefits) and IV (Breach of Fiduciary Duty).

On April 21, 2025, the Court denied defendants’ motions in their entirety, stating that “Defendants’ Motions improperly attempt to relitigate liability which has already been decided in favor of (sic) Plaintiffs.” The Court’s decision can be found here.

In dismissing defendants’ motions, the Court found that

The injury to the Early and Optional Retirement Class Members is one of the very specific injuries that ERISA was enacted to prevent—the inability to know where exactly one stands with respect to his pension benefits and Plan resulting from the miscommunication or omission of material information.

The damages phase of this litigation will continue on May 2, 2025, with testimony from the Court’s technical advisor, Susan Katz Hoffman. Ms. Hoffman’s report was docketed on April 17, 2025. You can read the Hoffman Report here. Plaintiffs will file a detail proposed final order and judgment on May 8, 2025, with defendants’ responses due on May 15, 2025.