Plasterers' Local Union No. 96 Pension Plan v. Pepper

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding a breach of fiduciary duty “does not automatically equate to causation of loss and therefore liability” and consequently a “fiduciary can only be held liable upon a finding that the breach actually caused a loss to the plan”
• holding a breach of fiduciary duty “does not automatically equate to causation of loss and therefore liability” and consequently a “fiduciary can only be held liable upon a finding that the breach actually caused a loss to the plan”
• advising that the district “court should use the Hardt analysis to first determine whether either party is eligible for an attorney[’s] fee award, and then analyze the Quesinberry factors in exercising its discretion whether to make an award”
• failure to investigate alternative investments does not necessarily mean actual investments were imprudent
• \The finding that the Former Trustees breached their fiduciary duties to investigate and diversify did not establish as a matter of law that the actual investments were imprudent and liability can only attach if in fact that is the case.\

Source: CourtListener parenthetical corpus (CC0).