"Throughout the entire period that the value of J.C. Penney common stock dipped ever lower, Evercore [Trust Company] stood resolute.... The shares in the Penney Stock Fund that [plaintiff and plan participant Donna Marie Coburn] and other investors owned took the full force of the hit.... [T]he district court granted Evercore's motion to dismiss the complaint for failure to state a claim ... [primarily] relying on the United States Supreme Court's opinion in Dudenhoeffer ... [B]ecause a stock price on an efficient market reflects all publicly available information, Dudenhoeffer requires additional allegations of 'special circumstances' when a plaintiff brings a breach of the duty of prudence claim against a fiduciary based on that information.... Applying Dudenhoeffer here, we believe Coburn's claim falls far short." [Coburn v. Evercore, No. 16-7029 (D.C. Cir. Dec. 30, 2016)]

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