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‘Plausible’ Denials: New Twists & Turns in ERISA Litigation

American Retirement Association [ARA]

Mar. 9, 2023
Recorded Online

In this podcast episode Nevin (Adams) & Fred (Reish) take a look at the new litigation landscape for ERISA plans, including an update on suits involving the BlackRock LifePath target-date funds, a surprising decision regarding rollovers and the fiduciary rule — and a flurry of ESG litigation.

Over the past several months — following the United States Supreme Court’s decision in Hughes v. Northwestern University — a number of cases, notably the Oshkosh case — and those of CommonSpirit and TriHealth — have brought with them what appears to be a higher standard of “plausibility” in asserting claims that can get past the standard motion to dismiss.

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