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Text of Federal District Court Opinion: No Breach of Fiduciary Duty by Aon in Lowe's Class Action Suit (PDF)
U.S. District Court for the Western District of North Carolina
Oct. 14, 2021 120 pages. "[T]he Court finds that Aon did not breach its fiduciary duty as an investment advisor to the Plan in proposing and encouraging Lowe's to change the Plan's investment structure and menu of investment options nor did it violate ERISA in its efforts to 'cross-sell' its delegated fiduciary services, which Lowe's -- a large, sophisticated corporation -- independently decided to engage. Also, the Court concludes that although the Aon Growth Fund that Aon selected as the Plan's delegated fiduciary investment manager did not generate as much investment gains as other investment options that, in hindsight, would have fared better, it did not breach its fiduciary duty to the Plan in selecting and maintaining the Aon Growth Fund as the primary actively managed 'equity' investment option in the Plan." [Reetz v. Lowe's Companies, Inc.; Administrative Committee of Lowe's Companies, Inc. and Aon Hewitt Investment Consulting, Inc., No. 18-075 (W.D.N.C. Oct. 12, 2021)] MORE >> |
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