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The growth of ERISA litigation over the past years has plagued corporate America: it's expensive, time consuming and a drain on corporate resources. Any hopes that the Supreme Court might have squelched this trend in Hughes v. Northwestern University were surely dashed after the Court's unanimous decision. The defendant plan sponsor was denied its motion to dismiss, and will be forced to prove that its fiduciary decisions were prudent. The case proceeds, and likely, so will many others.
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