The Moench Presumption: An Examination of the Third Circuit’s Standard of Prudence in Employer Stock Cases and Its Subsequent Treatment by Circuit Courts

By on October 3, 2013

by Nancy G. Ross and Prashant Kolluri

This article, which appeared in Benefits Law Journal, discusses the standard of prudence formulated by the Third Circuit for employer stock cases brought under the Employee Retirement Income Security Act of 1974 (ERISA) and the Circuit Courts’ subsequent treatment of that standard. Although a number of Circuit Courts have adopted the Moench presumption of prudence, there is still significant disagreement over the procedural stage at which the presumption applies and how the presumption can be rebutted. Given this split between the courts, judicial intervention by the US Supreme Court is necessary to resolve these outstanding issues and fulfill Congress’s goal of attaining uniformity of benefits regulation.

To read the full article, click here.




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