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Northwestern SCOTUS Case Could Decide Fate of Many 401(k) Lawsuits
InvestmentNews; subscription may be required Link to more items from this source
Nov. 2, 2021

"The question before the court is whether a plaintiff can adequately bring claims for breach of fiduciary duty based simply on the fact that lower-cost options were available to the plan. Although the 3rd and 8th Circuit Courts of Appeals have found that that alone is enough, the 7th Circuit, which decided the Northwestern case, found it to be insufficient to state a claim.... [An] affirmation of the decision could make it much more difficult to bring litigation that can survive motions to dismiss or stand good odds of extracting big settlements." [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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