United States Second Circuit
Gearren v. McGraw-Hill Cos., Inc., 10-792
In an appeal from a judgment of the district court dismissing plaintiffs' class complaint for breach of fiduciary duty under ERISA, judgment is affirmed where: 1) plaintiffs failed to plead sufficient facts to establish that defendants abused their discretion by continuing to invest in an otherwise imprudent investment; and 2) the complaint failed to allege that defendants knowingly made false statements in its capacity as a fiduciary.
Appellate Information
- Decided 10/19/2011
- Published 10/19/2011
Judges
Court
- United States Second Circuit