Judge:  Smith, Forman Do Not Change That ERISA Fees, Funds Claims Survive Dismissal

Mealey's (August 25, 2022, 1:13 PM EDT) -- GRAND RAPIDS, Mich. — Two recent Sixth Circuit U.S. Court of Appeals decisions on the pleading standards for the Employee Retirement Income Security Act duties of prudence and loyalty “do not change” that all claims in a suit challenging retirement plan fees and funds survive dismissal, a Michigan federal judge ruled Aug. 23, denying the defendants’ motion for reconsideration or certification for interlocutory appeal....