Dara Smith , Attorney, AARP Foundation Litigation, Washington, DC, for Amici Curiae American Association of Retired Persons, AARP Foundation.
Karen Ferguson , Attorney, Pension Rights Center, Washington, DC, for Amicus Curiae Pension Rights Center.
Brian Timothy Burgess , Attorney, Goodwin Procter LLP, Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, American Benefits Council.
Before Bauer, Manion, and Brennan, Circuit Judges.
Brennan, Circuit Judge.
Laura Divane and other plaintiffs,1 beneficiaries of employee investment plans, sued Northwestern University for allegedly breaching its fiduciary duties under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. The district court found no breach. Neither do we,...
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