The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may find ERISA class action lawsuits increasingly vulnerable to motions to dismiss unless they allege context specific defects in the processes followed by defined contribution plan fiduciaries in choosing vendors or selecting investment vehicles for their plan’s menu of offerings to participants.
The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
