DAVIS v. WASHINGTON UNIVERSITY IN ST. LOUIS

No. 18-3345.

960 F.3d 478 (2020)

Latasha DAVIS, Individually and as a Representative of a Class of Participants and Beneficiaries in and on Behalf of Washington University Retirement Savings Plan; Jennifer Elliott, Individually and as a Representative of a Class of Participants and Beneficiaries in and on Behalf of Washington University Retirement Savings Plan; Marla Aliece Sims-King, Individually and as a Representative of a Class of Participants and Beneficiaries in and on Behalf of Washington University Retirement Savings Plan, Plaintiffs-Appellants v. WASHINGTON UNIVERSITY IN ST. LOUIS; Washington University in St. Louis Board of Trustees, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 22, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Todd S. Collins, of Philadelphia, PA. The following attorney(s) appeared on the appellant brief; John Fisher Edgar , of Kansas City, MO., James J. Rosemergy , of Saint Louis, MO., Eric Lechtzin , of Newtown, PA., Steven Alan Schwartz , of Haverford, PA., John J. Nestico , of Scottsdale, AZ., Todd Schneider , of Emeryville, CA., Dylan M. Long , of Kansas City, MO., Garrett W. Wotkyns , of Scottsdale, AZ., Andrew W. Ferich , of Haverford, PA., Ellen T. Noteware , of Philadelphia, PA., Robert Kriner, Jr. , of Wilmington, DE., John J. Carey , of Clayton, MO., John F. Garvey , of Clayton, MO.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Brian Thomas Ortelere, of Philadelphia, PA. The following attorney(s) appeared on the appellee brief; Christopher A. Smith , of Saint Louis, MO., Deborah Shannon Davidson , of Chicago, IL., Michael E. Kenneally , of Washington, DC., Matthew A. Russell , of Chicago, IL.

Before KELLY, MELLOY, and STRAS, Circuit Judges.


Three retirement-plan participants sued Washington University in St. Louis for breach of its fiduciary duties under the Employee Retirement Income Security Act, more commonly known as ERISA. The district court dismissed their complaint for failure to state a claim. We affirm in part, reverse in part, and remand for further...

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