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SACERDOTE v. CAMMACK LARHETTE ADVISORS, LLC

No. 18-1558 August Term, 2018.

939 F.3d 498 (2019)

Dr. Alan SACERDOTE, Dr. Herbert Samuels, Marie E. Monaco, Mark Crispin Miller, DR. Shulamith Lala Straussner, Dr. James B. Brown, Individually and as Representatives of a Class of Participants and Beneficiaries on behalf of the NYU School of Medicine Retirement Plan for Members of the Faculty, Professional Research Staff and Administration and the New York University Retirement Plan for Members of the Faculty, Professional Research Staff and Administration, Plaintiffs-Appellants, v. CAMMACK LARHETTE ADVISORS, LLC, Defendant-Appellee, Retirement Plan Committee, Richard Bing, Michael Burke, Catherine Casey, Martin Dorph, Sabrina Ellis, Thomas Feuerstein, Andrew Gordon, Patricia Halley, Tim Hesler, Kathleen Jacobs, Marina Kartanos, Ann Kraus, Margaret Meagher, Cynthia Nascimento, Nancy Sanchez, Tina Surh, Linda Woodruff, Maurice Maertens, Joseph Monteleone, Ray Oquendo, Chris Tang, New York University School of Medicine, NYU Langone Hospitals, NYU Langone Health System, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 1, 2019.

Attorney(s) appearing for the Case

Sean E. Soyars ( Jerome J. Schlichter , on the brief), Schlichter Bogard & Denton LLP, St. Louis, MO, for Plaintiffs-Appellants.

Charles M. Dyke , Nixon Peabody LLP, San Francisco, CA ( Kristin Marie Jamberdino , Nixon Peabody LLP, New York, NY, on the brief), for Defendant-Appellee.

Before: Walker, Calabresi, and Livingston, Circuit Judges.

Plaintiffs filed an action, which we refer to as Sacerdote I, against New York University ("NYU") alleging violations of ERISA in connection with two retirement plans sponsored by NYU. The district court dismissed most, but not all, of the causes of action against NYU. Plaintiffs then filed this action...

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