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Michael McCloud

Michael McCloud

American singer

Oct 6, 2026

33:54
Mr. McCloud.
33:55
Thank you, Mr.
33:56
Chief Justice, and may it please the Court.
33:58
I'd like to start today by noting that much of my friend's argument had little to do with the question presented.
34:03
The question presented today is important but narrow.
34:07
Can a plaintiff state a plausible claim for a breach of the duty of prudence based on a comparison of two funds that aren't meaningfully similar? And as Judge Miller's opinion explained for the Ninth Circuit below, the answer is no for multiple reasons.
34:22
You can start with ERISA's text and purpose.

9 MINS LATER

43:13
I mean, you've been very accepting of various proposals about what it might mean, but I wonder if you could give us, uh, a, a narrower understanding, or maybe the answer is you can't, in which case maybe the decision we issue won't be much help at all.

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