U.S. Court of Appeals for the Sixth Circuit

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Sixth Circuit largely affirms dismissal of ERISA claims challenging TriHealth’s 401(k) plan choices

July 13, 2022

The Second Circuit relied on the recent decision in Smith v. CommonSpirit Health to reject plaintiffs’ claims that plan expenses were excessive, and that the plan should have included alternative investments with lower fees and higher performance. But the court reversed the dismissal of claims that TriHealth violated the duty of prudence by failing to offer share classes that were less expensive. The U.S. Chamber filed an amicus brief supporting dismissal of all claims.

U.S. Chamber files amicus brief supporting dismissalaffirmance by the Sixth Circuit of the district court’s dismissal of an ERISA complaint

April 14, 2022

Click here to view the Chamber’s amicus brief. Jaime A. Santos, James O. Fleckner, Alison V. Douglass, and Jordan Bock of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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