In Kirk v. Carpeneti, No. 09-35860, a challenge to Alaska’s merit selection system, brought by a group of individuals seeking to establish the principle that all participants in the judicial selection process must either be popularly elected, or be appointed by a popularly elected official, the court affirmed the dismissal of the action where there was no such constitutional requirement.

In Quan v. Computer Sci. Corp., No. 09-56190, a class action pursuant to ERISA by participants in an employer’s 401(k) plan against named and de facto fiduciaries of the plan, claiming imprudent investments by the fiduciaries, the court affirmed summary judgment for defendants where 1) the Moench presumption was fully reconcilable with ERISA’s statutory text and did not encourage insider trading, when properly formulated; and 2) plaintiffs did not generate a genuine issue of material fact sufficient to rebut the Moench presumption that continued investment in the stock at issue was prudent.

Related Resources

  • Full Text of Kirk v. Carpeneti, No. 09-35860
  • Full Text of US v. Webster, No. 09-30173
  • Full Text of Quan v. Computer Sci. Corp., No. 09-56190

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