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Prof. Ann Lipton in Business Law Prof Blog
Jan. 30, 2022
"[The Northwestern] opinion leaves open a lot of questions about ... just how 'paternalistic' an ERISA fiduciary should be.... [T]he more interesting question is whether options should be removed from the menu not because they are, standing alone, completely unsuitable for any beneficiary, but because the menu as a whole is too challenging for the beneficiary to be able to make good choices." [Hughes v. Northwestern Univ., No. 19-1401 (S. Ct. Jan. 24, 2022)]
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