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U.S. Court of Appeals for the Sixth Circuit

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Decided

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Sixth Circuit denies petition for rehearing and leaves standing a panel opinion that allows plaintiffs to plead a fiduciary breach using dissimilar performance comparisons

February 13, 2025

Order

U.S. Chamber files coalition brief urging the Sixth Circuit to grant rehearing and hold that courts should not infer imprudence from performance-based comparisons without a meaningful benchmark comparison

December 23, 2024

U.S. Chamber Coalition Amicus Brief

Jaime A. Santos and Jordan Bock of Goodwin Procter LLP served as outside counsel.

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