University of Pennsylvania v. Sweda

U.S. Supreme Court

Question(s) Presented

1. Whether Twombly’s pleading standard governs breach of fiduciary duty claims under ERISA.

2. Whether a complaint states a plausible claim for breach of fiduciary duty under ERISA if it alleges that a retirement plan’s investment options charged excessive fees and underperformed, but does not allege any fiduciary conduct inconsistent with lawful management of the plan. 

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