Mealey's (May 27, 2021, 1:39 PM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court should review a case in which the Seventh Circuit U.S. Court of Appeals upheld the dismissal of a complaint by participants in two Northwestern University defined-benefit retirement plans who say that their allegations regarding excessive fees were sufficient to state a claim for breach of the fiduciary duty of prudence under the Employee Retirement Income Security Act, the United States asserts in a May 25 amicus curiae brief filed at the court’s request, saying the case “presents an opportunity for this Court to clarify that ERISA requires fiduciaries to work actively to limit a plan’s expenses and remove imprudent investments, and that fiduciaries will not be excused from those responsibilities on the ground that they selected some (or even many) other prudent investments for a plan.”...