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U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit holds that plaintiffs cannot plead ERISA claims for breach of fiduciary duty solely by comparing performance to other funds without providing a sound basis for that comparison

September 02, 2025

Opinion

U.S. Chamber files amicus brief urging Ninth Circuit to reject hindsight-based allegations of imprudence in attack on fiduciaries’ wide discretion in selecting plan investment options

October 23, 2024

U.S. Chamber Amicus Brief

Jaime A. Santos, James O. Fleckner, Alison V. Douglass, and Jordan Bock of Goodwin Procter LLP served as outside counsel.

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