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During the panel hearing before the Ninth Circuit, Judge Andrew Hurwitz, an Obama appointee, hammered the plaintiff’s attorney on the claim that Chevron failed its fiduciary obligations.

When the Ninth Circuit Court of Appeals recently affirmed a lower court decision to dismiss a 401(k) excessive fee lawsuit, the three Democrat-appointed jurists addressed a simple question: Do plaintiffs in retirement plans have to show plausible evidence that sponsors breached their fiduciary obligations, or do plaintiffs merely have to make an allegation to get a court to hear the claims?

Nick Thornton

BenefitsPRO

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