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Fiduciary Standard of Perfection, No Discretion, and Hindsight Second-Guessing Is Rejected in the Prime Healthcare Trial
Encore Fiduciary
[Opinion] Aug. 28, 2024 "The trial decision is yet another example demonstrating how the current slate of excess fee and imprudent investment fiduciary-breach cases constitute improper second-guessing of the discretionary fiduciary decisions of America's plan sponsors. When required to prove their manufactured excess fee claims, plaintiff lawyers use junk expert testimony that attempts to distort the fiduciary standard of care from customary industry fiduciary practice into guaranteeing best possible results." [In re Prime Healthcare ERISA Litig., No. 20-1529 (C.D. Calif. Aug. 22, 2024)] MORE >> |
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