"The court's decision sets a low bar for plaintiffs alleging ERISA claims based on alleged ESG investments in at least two ways ... [1] [T]he court accepts as sufficient plaintiff's allegations that some analyses have found that ESG investments underperform other investments.... [2] [W]hat constitutes an 'ESG fund' apparently can be based on public statements made by investment managers, regardless of whether those statements resulted in actions with respect to any funds at issue or whether any actions actually caused investment underperformance." [Spence v. American Airlines, Inc., No. 23-0552 (N.D. Tex. February 21, 2024) ]  MORE >>