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United States Second Circuit


Gray v. Citigroup, Inc., 09-3804

In an appeal from a judgment of the district court dismissing plaintiffs' ERISA class complaint, judgment is affirmed because: 1) a fiduciary's decision to invest in an otherwise imprudent investment is reviewed for abuse of discretion; and 2) defendants did not have an affirmative duty to disclose to plan participants nonpublic information regarding the expected performance of investments, where the complaint does not sufficiently allege that defendants knowingly made false statements.

Appellate Information

  • Decided 10/19/2011
  • Published 10/19/2011

Judges

  • WALKER

Court

  • United States Second Circuit

Counsel

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