Fourth Circuit Applies More Stringent Standard for Breach of Duty of Procedural Prudence by Retirement Plan Fiduciaries | Practical Law
In Tatum v. RJR Pension Investment Committee, the US Court of Appeals for the Fourth Circuit held that a plan fiduciary that breaches its fiduciary duty of prudence is not personally liable for damages if a hypothetical prudent fiduciary would have made the same decision anyway.