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Post-Hughes v. Northwestern, Plaintiffs Win in Three Motion-to-Dismiss Decisions
October Three Consulting 
May 2, 2022 "It is certainly possible to read Hughes as a remand to the Seventh Circuit to determine how these sorts of claims -- where imprudence is alleged based on an (arguably superficial) comparison of fees, and without considering factors such as revenue sharing or the non-comparability of funds -- should be considered at the motion to dismiss stage. [The courts in these three cases], however, seem to be reading Hughes v. Northwestern as explicitly holding that those sorts of claims are sufficient to survive a motion to dismiss." |
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