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| Supreme Court Considers the Right Balance in ERISA Excessive Fees Case Baker Botts L.L.P.  Dec. 10, 2021 "The justices search for the proper balance between preventing plan misconduct and imposing too many burdens on plan fiduciaries.... Justices Sotomayor and Kagan propose a middle ground.... The Court is wary of excessive litigation.... The Court seems unlikely to dispose of the case on standing or the 'large menu' defense." [Hughes v. Northwestern Univ., No. 18-2569 (7th Cir. Mar. 25, 2020; oral arg. transcript Dec. 6, 2021)] |
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