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Supreme Court Reverses Ninth Circuit Again, Reaffirms Special Pleading Standard Applicable in ERISA Stock Drop Cases
Trucker Huss 
Mar. 4, 2016
"As the Supreme Court made very clear, following Dudenhoeffer, to allege a breach of the duty of prudence in an ERISA stock drop case a plaintiff must plausibly allege facts demonstrating 'an alternative action that the defendant could have taken that would have been consistent with the securities laws and that a prudent fiduciary in the same circumstance would not have viewed as more likely to harm the fund than to help it.' ... Without such allegations of fact, ERISA stock drop cases are likely to be dismissed[.]"
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