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Smith v. BB&T Corporation, et al., Case No. 1:15-cv-732 (M.D.N.C.)

On September 4, 2015, we filed a lawsuit on behalf of participants in the BB&T Corporation 401(k) Savings Plan (the “Plan”). We then consolidated the case with a related case. The consolidated lawsuit alleges that the Plan’s fiduciaries (the Defendants in the case) violated the Employee Retirement Income Security Act (ERISA) by failing to act in the interest of Plan participants and beneficiaries and promoting the business interests of BB&T at the expense of the Plan and its participants.

The lawsuit seeks to recover the Plan’s financial losses and obtain injunctive and other equitable relief. For a copy of the complaint, click here.

Type of Case

ERISA Violations


Case Updates

  • June 26, 2018

    BB&T Update

    On June 26, 2018, the Court entered an order denying in part and granting in part the Defendants’ motion for summary judgment.

  • June 10, 2016

    BB&T Corporation 401k Savings Plan Case Update

    On December 23, 2015, the Defendant filed a motion to dismiss the complaint. Both sides then submitted briefs to the court on the merits of the motion and on April 18, 2016, the Court denied the motion to dismiss in full.

  • December 9, 2015

    BB&T Corporation 401k Savings Plan

    On November 25, 2015, our lawsuit was consolidated with a related lawsuit in the Middle District of North Carolina, Smith v. BB&T Corporation, No. 1:15-CV-841 (M.D.N.C.).  We filed a Consolidated Amended Complaint on December 1, 2015.

Additional Information

What Is A Class Action?

In a class action lawsuit, one or more people, called the “class representatives,” sue on behalf of themselves and other people who have similar claims. Together, this group of people is called a “class” or “class members.” The class representative and the class members together are called the “Plaintiffs.” The companies they sue are called the “Defendants.” The judge or jury resolves the claims for everyone in the class—except those who ask to be excluded from the lawsuit.

How Long Will This Case Take?

Class actions can often take years.  Please check this page periodically for updates on the case’s status.

How Can I Help?

As part of our investigatory efforts, we are interested in speaking with others who believe they have been shortchanged within their retirement plan.

You may contact us toll free at 1-877-448-0492, write to us at Nichols Kaster, PLLP, 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, or email our Class Action Clerk, Sean Kelly, at

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