Forum
U.S. Supreme Court
Case Status
Docket Number
Term
2021 Term
Lower Court Opinion
Questions Presented
Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment products or services are sufficient to state a claim against plan fiduciaries for breach of the duty of prudence under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1104(a)(1)(B).
Case Updates
Supreme Court reverses and remands dismissal of ERISA case
January 24, 2022
The Court required lower courts to apply careful, context-sensitive scrutiny to a complaint’s allegations in ERISA excess-fee litigation, as the U.S. Chamber-led coalition had urged in an amicus brief.
U.S. Chamber files coalition amicus brief in ERISA excessive fees case urging U.S. Supreme Court to require district courts to apply careful, context-sensitive scrutiny to a complaint’s allegations
October 28, 2021
Click here to view the coalition amicus brief. In recent years, Plaintiffs’ attorneys have filed a wave of ERISA excessive fee suits, often with cookie-cutter complaints. The U.S. Chamber filed an amicus brief when this case was before the Seventh Circuit.
Jaime A. Santos of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- Seventh Circuit Opinion -- Divane v. Northwestern University (Seventh Circuit).pdf
- U.S. Chamber Coalition Amicus Brief -- Hughes v. Northwestern University (U.S. Supreme Court).pdf
- Opinion -- Hughes v. Northwestern University (U.S. Supreme Court).pdf