The lawsuit doesn’t allege the type of serious investment underperformance that could support viable claims under the Employee Retirement Income Security Act, Judge Pamela A. Barker of the US District Court for the Northern District of Ohio said Thursday. These funds had positive returns and “only slightly underperformed” the plaintiffs’ suggested benchmarks, which is insufficient to show that Brookfield breached its fiduciary duties by keeping the funds in the plan, Barker ...
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