SACERDOTE v. NEW YORK UNIVERSITY

No. 18-2707-cv August Term, 2020.

9 F.4th 95 (2021)

Dr. Alan SACERDOTE, Dr. Herbert Samuels, Mark Crispin Miller, Marie E. Monaco, 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. NEW YORK UNIVERSITY, Defendant-Appellee, The Trustees of Columbia University in the City of New York, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2021.


Attorney(s) appearing for the Case

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

Seth P. Waxman ( David M. Lehn , Amy C. Lishinski , on the brief), Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC; Alan Schoenfeld , Ryan M. Chabot , on the brief, Wilmer Cutler Pickering Hale and Dorr, LLP, New York, NY; Mark Muedeking , Ian C. Taylor , on the brief, DLA Piper LLP, Washington, DC; Brian Kaplan , on the brief, DLA Piper LLP, New York, NY; for Defendant-Appellee NYU.

Todd M. Schneider , James A. Bloom , on the brief, Schneider Wallace Cottrell Konecky Wotkyns LLP, Emeryville, CA; Todd S. Collins , Eric Lechtzin , on the brief, Berger Montague PC, Philadelphia, PA; for Amici Curiae Law Professors in Support of Plaintiffs-Appellants Sacerdote, et al.

Nancy G. Ross , on the brief, Mayer Brown LLP, Chicago, IL; Brian D. Netter , on the brief, Mayer Brown LLP, Washington, DC; for Amici Curiae American Council on Education and Other Higher Education Associations in Support of Defendant-Appellee NYU.

Judge Menashi dissents in part in a separate opinion.


The plaintiff-appellant class participates in retirement plans administered by New York University (NYU) and the NYU School of Medicine. Plaintiffs brought this suit against NYU in its capacity as the fiduciary of plaintiffs' retirement plans, alleging a number of breaches of NYU's fiduciary duties under the Employment...

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