2nd Circuit Correctly Applied High Court Precedent, Retirement Plan Defendants Say

Mealey's (December 11, 2019, 10:06 AM EST) -- WASHINGTON, D.C. — The U.S. Supreme Court should refuse review of a Second Circuit U.S. Court of Appeals decision affirming the dismissal of a breach of fiduciary duty and loyalty lawsuit brought against SunEdison Inc.’s board of directors and investment committee by former employees who participated in the company’s defined contribution retirement plan because the Second Circuit correctly applied precedent set by the high court, the defendants maintain in a Dec. 6 respondent brief (Eric O’Day, et al. v Ahmad Chatila, et al., No. 19-595, U.S. Sup.)....