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Moench presumption is here to stay: two appellate courts affirm dismissal of stock drop cases at pleadings stage

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 16 2012

On May 8, 2012, the Eleventh and Second Circuits affirmed two district court dismissals of “stock drop” cases at the pleadings stage, joining the long line of recent decisions that demonstrate skepticism towards stock drop claims

Breach of fiduciary duty case addressed by 7th Circuit

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 30 2011

On September 6, 2011, in Loomis v. Exelon Corp.(Case Nos. 09-4081 and 10-1755), the Seventh Circuit found that the fiduciaries of Exelon Corporation’s defined contribution retirement plan did not breach their fiduciary duties by offering “retail” mutual funds (i.e. funds that are available to the general public), nor by requiring participants to bear the expenses of those funds