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LOOMIS v. EXELON CORP.

Nos. 09-4081, 10-1755.

658 F.3d 667 (2011)

Brian LOOMIS, et al., Plaintiffs-Appellants, v. EXELON CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 2011.

Attorney(s) appearing for the Case

Jerome J. Schlichter , Michael A. Wolff (argued), Attorneys, Schlichter, Bogard & Denton, St. Louis, MO, for Plaintiffs-Appellants.

Anne E. Rea , Attorney, Sidley Austin LLP, Chicago, IL, for Defendants-Appellees in No. 10-1755.

Mark B. Blocker , Eric S. Mattson (argued), Kevin M. Fee , and Alison V. Potter , Sidley Austin LLP, Chicago, and Robert B. Stutz , Exelon Business Services Company, for Defendants-Appellees.

Robin Springberg Parry (argued), Attorney, Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae, Hilda L. Solis, Secretary of the United States Department of Labor.

Thomas Leon Cubbage, III , Attorney, Covington & Burling LLP, Washington, DC, for Amicus Curiae, Investment Company Institute and ERISA Industry Committee.

Before EASTERBROOK, Chief Judge, and POSNER and TINDER, Circuit Judges.

EASTERBROOK, Chief Judge.

Many defined-contribution pension plans offer participants an opportunity to select investments from a portfolio, which often includes mutual funds. In recent years participants in pension plans have contended that the sponsor offers too few funds (not enough choice), too many funds (producing confusion), or too expensive funds (meaning that the funds' ratios of expenses to assets are needlessly high). See, e.g., Hecker v. Deere &...

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