"With thinly veiled, almost Kingsfield-like, sarcasm, Justice Breyer tossed the 'Moensch Presumption' into the dustbin of judicial history based on a review of the text of ERISA as it has existed since enactment in 1974. Unanimously telling the lower courts that followed Moensch that they had been improvidently granting motions to dismiss for up to 20 years, while they marched up a yellow brick road to 'presumptive prudence,' because they didn't read the statute with sufficient care, is about as shrill as the Court gets in admonishing them about mushy thinking." [Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014)]  MORE >>