Jeffrey Wessler
Principal at Gupta Wessler LLP, a plaintiff-side Supreme Court and appellate litigation boutique; argued Anderson v. Intel Corp. before the U.S. Supreme Court.
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APPEARANCES
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PODCASTS
Oct 6, 2026
Jeffrey WesslerGUEST
Chief Justice, and may it please the Court, ERISA's duty of prudence is inherently flexible.
Jeffrey WesslerGUEST
As a result, this Court has consistently declined to inject judicially crafted bright-line rules into a determination of whether a complaint's allegations plausibly allege imprudence.
Jeffrey WesslerGUEST
Categorical rules, as this Court put it colorfully in Dudenhoffer, do not readily divide the plausible sheep from the meritless goats because they are inconsistent with the careful, context-sensitive inquiry that both ERISA and Rule 8 require.
Jeffrey WesslerGUEST
The Ninth Circuit's, quote, "meaningful benchmark" requirement is just such a rule.
Jeffrey WesslerGUEST
Under it, a court first asks whether a complaint's performance allegations on their own can plausibly demonstrate imprudence by identifying a virtually indistinguishable fund that performed better.
