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REETZ v. AON HEWITT INV. CONSULTING, INC.

No. 21-2267.

74 F.4th 171 (2023)

Benjamin REETZ, individually and as the representative of a class of similarly situated persons, and on behalf of the Lowes 401(k) Plan, Plaintiff-Appellant, v. AON HEWITT INVESTMENT CONSULTING, INC., Defendants-Appellees, Lowe's Companies, Inc.; Administrative Committee of Lowe's Companies, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Matthew W.H. Wessler , GUPTA WESSLER PLLC, Washington, D.C, for Appellant. Brian D. Boyle , O'MELVENY & MYERS LLP, Washington, D.C., for Appellee. ON BRIEF: Paul J. Lukas , Kai H. Richter , Brock J. Specht , Mark E. Thomson , Patricia C. Dana , NICHOLS KASTER, PLLP, Minneapolis, Minnesota; F. Hill Allen , THARRINGTON SMITH, L.L.P., Raleigh, North Carolina, for Appellant. Michael G. Adams , Nicholas H. Lee , PARKER, POE, ADAMS & BERNSTEIN, Charlotte, North Carolina; Jonathan D. Hacker , Shannon M. Barrett , Deanna M. Rice , Washington, D.C., Stuart M. Sarnoff , Laura Aronsson , O'MELVENY & MYERS LLP, New York, New York, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Keenan joined. Judge King wrote an opinion dissenting in part.

On behalf of a class, Benjamin Reetz sued Aon Hewitt Investment Consulting for investment advice given to Lowe's Home Improvement to help manage its employees' retirement plan. Aon, first as an investment consultant and later as a delegated fiduciary, owed the plan fiduciary duties...

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