"The Eighth Circuit affirmed the dismissal of plaintiffs' fund-by-fund challenge of fees and performance ... However, the Court reversed the dismissal of plaintiffs' claim based on including retail share classes in the plan. Recognizing there could be lawful reasons for the fiduciaries' conduct, the Court emphasized that inferences must be drawn in favor of the plaintiffs when reasonable, and the allegations that lower-cost share classes existed and that the plan had the buying power to invest in them stated a claim at the pleading stage." [Davis v. Washington Univ. in St. Louis, No. 18-3345 (8th Cir. May 22, 2020)]  MORE >>