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Amicus Brief of U.S. Chamber of Commerce to Supreme Court in Northwestern Fiduciary Breach Case (PDF)
U.S. Chamber of Commerce Link to more items from this source
[Opinion]
Oct. 29, 2021

48 pages. "Amici file this brief to provide a roadmap for evaluating the plausibility of inference-based claims like those asserted in petitioners' complaint and the countless other ERISA class-action complaints that have flooded federal courts in recent years.... Under ERISA as elsewhere, circumstantial allegations should be rigorously analyzed, in context. For claims of fiduciary breach, context includes both the broad discretion and flexibility that fiduciaries enjoy under ERISA, and the realities of plan management that fiduciaries face.... Cheapest is not always best." [Hughes v. Northwestern Univ., No. 18-2569 (7th Cir. Mar. 25, 2020; cert. pet. granted No. 19-1401, Jul. 2, 2020)]

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