ERISA 

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7^th Circuit Court of Appeals

Case Name: April Hughes v. Northwestern University

Case No.: 18-2569

Officials: Sykes, Chief Judge, and Hamilton and Brennan, Circuit Judges.

Focus: ERISA

On remand from Hughes v. Northwestern University, 142 S. Ct. 737 (2022), the Seventh Circuit reexamines plaintiffs’ allegations that plan fiduciary Northwestern breached its duty of prudence under the Employee Retirement Income Security Act, 29 U.S.C. § 1104(a). Following Hughes, the Seventh Circuit discerns three claims of breach that require reconsideration: that Northwestern (1) failed to monitor and incurred excessive recordkeeping fees, (2) failed to swap out retail shares for cheaper but otherwise identical institutional shares, and (3) retained duplicative funds. The Seventh Circuit concludes that the first two claims survive dismissal and remand them for further proceedings. For all other claims and issues, this court reinstates this court’s prior judgment in Divane v. Northwestern University, 953 F.3d 980 (7th Cir. 2020).

Reversed, remanded and affirmed in part.

Decided 03/23/23

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