9th Circuit Hears Meaningful Benchmark Arguments In ERISA Imprudence Row

(November 7, 2023, 8:25 AM EST) -- HONOLULU — Whether “meaningful benchmarks” are required at the dismissal stage of an Employee Retirement Income Security Act suit was the focus of oral argument in a Ninth Circuit U.S. Court of Appeals case over retirement plan investments in hedge funds and private equity investments, with participants arguing that the trial court improperly used a heightened pleading standard and plan fiduciaries contending that dismissal was correct....