"Teamsters Local 710 Pension Fund v. The Bank of N.Y. Mellon Corp." "Fifth Third Bancorp v. Dudenhoeffer" Lehman fiduciary breach ERISA BNA Bloomberg

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For many years, I argued on this blog that courts, when it came to ERISA breach of fiduciary duty cases, were too slow to decide cases on the facts and too quick to decide them on the basis of judicial assumptions or, worse yet, legal presumptions. I criticized this roundly in my article "Retreat …