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BARCHOCK v. CVS HEALTH CORP.

No. 17-1515.

886 F.3d 43 (2018)

Mary BARCHOCK; Thomas Wasecko; Stacy Weller, Plaintiffs, Appellants, v. CVS HEALTH CORPORATION; The Benefits Plan Committee of CVS Health Corporation; Galliard Capital Management, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 23, 2018.

Attorney(s) appearing for the Case

Jason H. Kim , with whom Todd M. Schneider , Schneider Wallace Cottrell Konecky Wotkyns LLP, Emeryville, CA, Sonja L. Deyoe , East Providence, RI, and Law Offices of Sonja L. Deyoe were on brief, for appellants.

Meaghan VerGow , Washington, DC, with whom Brian D. Boyle , Philadelphia, PA, Bradley N. García , O'Melveny & Myers LLP, Robert Clark Corrente , Whelan, Corrente, Flanders, Kinder & Siket LLP, Joel S. Feldman , Mark B. Blocker , Robert N. Hochman , Daniel R. Thies , and Sidley Austin LLP, Chicago, IL, were on brief, for appellees.

Evan A. Young , Austin, TX, Shane Pennington , Baker Botts LLP, Houston, TX, Steven P. Lehotsky , Washington, DC, Janet Galeria , U.S. Chamber Litigation Center, and Janet M. Jacobson , on brief for amici curiae Chamber of Commerce of the United States of America and American Benefits Council.

Brian D. Netter , Washington, DC, Nancy G. Ross , Mayer Brown LLP, Chicago, IL, and Kevin Carroll , on brief for amicus curiae Securities Industry and Financial Markets Association.

Before Torruella, Kayatta, and Barron, Circuit Judges.

The plaintiffs allege violations of the fiduciary duty of prudence under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, by the fiduciaries of an employer-sponsored retirement plan. Specifically, the plaintiffs contend that a particular investment fund offered through the plan...

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