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Supreme Court Accepts Cert in Dudenhoeffer ERISA Moench Presumption of Prudence Case
Paul Secunda for Workplace Prof Blog Dec. 16, 2013
"The case law had been trending in favor of the presumption of prudence in these stock-drop cases in recent years, with the Sixth Circuit being a notable exception.... [G]iven that the Court granted [certiorari] on the question as presented by the company (and did not re-write the question as requested by the Solicitor General), we may gain some insight.... Phrasing the question presented in such a leading manner suggests only one possible reasonable answer: upholding the presumption of prudence in ERISA stock drop cases."
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