MATOUSEK v. MIDAMERICAN ENERGY CO.

No. 21-2749.

51 F.4th 274 (2022)

Daniel C. MATOUSEK, individually and on behalf of all others similarly situated; Teresa J. Cantu, individually and on behalf of all others similarly situated; Leah M. Maloney, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MIDAMERICAN ENERGY COMPANY; The Board of Directors of MidAmerican Energy Company; MidAmerican Energy Company Pension and Employee Benefits Plans Administrative Committee; John Does, 1-30, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 12, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Mark K. Gyandoh , of Merion Station, PA. The following attorney(s) also appeared on the appellants' brief; Donald R. Reavey , of Harrisburg, PA, Gabrielle P. Kelerchian , of Merion Station, PA.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Lindsey H. Chopin , of New Orleans, LA. The following attorney(s) also appeared on the appellee brief; Gregory R. Brown , of Des Moines, IA, Howard Shapiro , of New Orleans, LA, Stacey C.S. Cerrone , of New Orleans, LA.

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges.


Like many companies, MidAmerican offers a retirement plan to its employees. Some thought it saddled them with unreasonably high costs and low-quality investments. In their complaint, however, they failed to identify better alternatives, so we affirm the district court's1 decision to dismiss.

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