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‘Plausible’ Denials — New Twists & Turns in ERISA Litigation

Fiduciary Governance

In this podcast episode Nevin (Adams) & Fred (Reish) take a look at the new litigation landscape for ERISA plans, including an update on suits involving the BlackRock LifePath target-date funds, a surprising decision regarding rollovers and the fiduciary rule — and a flurry of ESG litigation.



Over the past several months — following the United States Supreme Court’s decision in Hughes v. Northwestern University — a number of cases, notably the Oshkosh case — and those of CommonSpirit and TriHealth — have brought with them what appears to be a higher standard of “plausibility” in asserting claims that can get past the standard motion to dismiss.



Episode Resources:

Oshkosh Lays Down a New Standard

Gosh! Oshkosh Wins Dismissal of Excessive Fee Suit  

BlackRock TDFs

Another BlackRock TDF Suit Dismissed

Rollover Rule(s)

Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight  


Excerpts from ARA CEO Brian Graff’s Interview with EBSA’s Tim Hauser 

Participants Challenge ESG Rule in Different Venue