Appeal from the United States District Court for the Eastern District of Kentucky at Covington.
No. 2:20-cv-00095—David L. Bunning, District Judge.
Argued: June 8, 2022
Decided and Filed: June 21, 2022
Before: SUTTON, Chief Judge; KETHLEDGE and MURPHY, Circuit Judges.
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OPINION
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SUTTON, Chief Judge. Yosaun Smith claims that her retirement plan should have
offered a different mix of fund options, in particular that it should have replaced actively
managed mutual funds with passively managed mutual funds. But the Employee Retirement
Income Security Act, ERISA for short, does not give the federal courts a broad license to second-guess the investment decisions of retirement plans. It instead supplies a cause of action only
when retirement plan administrators breach a fiduciary duty by, say, offering imprudent
investment options. Because Smith has not alleged facts from which a jury could plausibly infer
that CommonSpirit breached any such duty and because Smith’s other claims do not get off the
ground, we affirm the district court’s dismissal of her complaint. |