SMITH v. COMMONSPIRIT HEALTH

No. 21-5964.

37 F.4th 1160 (2022)

Yosaun SMITH, individually and as a representative of a class of similarly situated persons and on behalf of Catholic Health Initiatives 401(k) Plan, Plaintiff-Appellant, v. COMMONSPIRIT HEALTH a/k/a Catholic Health Initiatives; Catholic Health Initiatives Retirement Plans Subcommittee; Does 1-10, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2022.


Attorney(s) appearing for the Case

ARGUED: Alec J. Berin , MILLER SHAH LLP, Philadelphia, Pennsylvania, for Appellant. Lars C. Golumbic , GROOM LAW GROUP, CHARTERED, Washington, D.C., for Appellees. ON BRIEF: Alec J. Berin , James C. Shah , Kolin C. Tang , MILLER SHAH LLP, Philadelphia, Pennsylvania, James E. Miller , MILLER SHAH LLP, Chester, Connecticut, Mark K. Gyandoh , CAPOZZI ADLER, P.C., Merion Station, Pennsylvania, Jeffrey S. Goldenberg , GOLDENBERG SCHNEIDER, LPA, Cincinnati, Ohio, for Appellant. Lars C. Golumbic , Sean C. Abouchedid , Meredith F. Kimelblatt , Nathaniel W. Ingraham , GROOM LAW GROUP, CHARTERED, Washington, D.C., Jennifer Orr Mitchell , DINSMORE & SHOHL LLP, Cincinnati, Ohio, for Appellees. Elizabeth L. McKeen , O'MELVENY & MYERS LLP, Newport Beach, California, Brian D. Boyle , Deanna M. Rice , O'MELVENY & MYERS LLP, Washington, D.C., Jaime A. Santos , GOODWIN PROCTER LLP, Washington, D.C., for Amici Curiae.

Before: SUTTON, Chief Judge; KETHLEDGE and MURPHY, Circuit Judges.


OPINION

Yosaun Smith claims that her retirement plan should have offered a different mix of fund options, in particular that it should have replaced actively managed mutual funds with passively managed mutual funds. But the Employee Retirement Income Security Act, ERISA for short, does not give the federal courts a...

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