"The court declined to consider the settlor, rather than fiduciary, nature of the decision to offer a second medical plan option at the motion to dismiss stage even though there cannot be a fiduciary breach when there is no fiduciary action or inaction.... If this lawsuit is successful or spawns other similar lawsuits that survive motions to dismiss, employers that offer employees a choice among multiple medical plan options could decide that it is not worth the additional costs and exposure to provide employees with the choice of multiple medical plan options." [Barbich v. Northwestern Univ., No. 25-6849 (N.D. Ill. Apr. 2, 2026)]  MORE >>