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Civil Practice: ERISA-Duty of Prudence-Sufficiency of Allegations
Staff Report//April 6, 2020
Where plaintiffs in an ERISA action failed to plead a plausible breach of prudence by the trustee defendants, the district court properly dismissed the plaintiffs’ duty-to-monitor claims because the claims could not survive without a sufficiently pleaded theory of an underlying breach.
Judgment is affirmed.
Vigeant v. Meek (MLW No. 74742/Case No. 18-3616 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Ericksen, J. (Samuel E. Bonderoff, New York, argued for appellant) (Douglas J. Nill, Minneapolis, argued for appellee).
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