7th Circuit:  ERISA Dismissal Relying On Divane Was Not Affected By Hughes

Mealey's (August 30, 2022, 11:32 AM EDT) -- CHICAGO — Saying the challenged decision did not “rely on the categorical rule the Supreme Court rejected” in Hughes v. Northwestern University, a Seventh Circuit U.S. Court of Appeals panel on Aug. 29 upheld dismissal of an Employee Retirement Income Security Act case that included a “novel” net-expense theory of breach of the fiduciary duty of prudence....

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