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Sixth Circuit Confirms That ERISA Is a Law of Process, and Does Not Allow Hindsight Second-Guessing of Fiduciary Decisions
Encore Fiduciary 
[Opinion] June 27, 2022 "[A recent Sixth Circuit decision] refutes the entire genre of lawsuits claiming that active fund management is per se proof of fiduciary malpractice. It effectively disposes of the persistent and repetitive claims of fiduciary imprudence asserted in most excessive fee lawsuits in which plaintiffs are asking the court to infer fiduciary malpractice based on circumstantial evidence of what participants consider an undesirable outcome." [Smith v. CommonSpirit Health, No. 22-5964 (6th Cir. Jun. 21, 2022)] |
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