The Supreme Court Declines To Establish Pleading Standard For Defined Contribution Plan Excessive Fee Litigation
To the disappointment of many in the ERISA community, the Supreme Court issued a six-page opinion on January 24th that declined to opine on most of the issues that were before the Court in Hughes v. Northwestern University, No. 19-1401 (U.S. Jan. 24, 2022). In a unanimous opinion authored by Justice Sotomayor, in which Justice Barrett took no part, the Court vacated and remanded the Seventh Circuit's decision upholding the dismissal of plaintiffs' claims of excessive recordkeeping and investment...
