Retirement Plans Committee of IBM v. Jander

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Holding: This case, about whether plaintiffs can state a claim against retirement-plan fiduciaries for breach of duty of prudence by alleging that the costs of undisclosed fraud grow over time, is vacated and remanded to the U.S. Court of Appeals for the 2nd Circuit for a determination on whether to consider two arguments raised in the briefs at the Supreme Court but not in the lower courts.

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