183345P.pdf   05/22/2020  Latasha Davis  v.  Washington Univ. in St. Louis
   U.S. Court of Appeals Case No:  18-3345
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Stras, Author, with Kelly and Melloy, Circuit Judges] 
   Civil case - ERISA. In action alleging defendant mismanaged its section 
   403(b) retirement savings plan, thereby breaching its fiduciary duties to 
   plaintiffs, its employees, the district court erred in dismissing for 
   failure to state a claim plaintiffs' claims that fees charged for managing 
   the investments were too high and that defendant should have negotiated a 
   better deal with the investment firms; giving the claims the inferences 
   plaintiffs were entitled to, the allegations were sufficient to allege 
   actionable failure of effort or competence and thereby stated a claim for 
   breach of the duty of prudence; plaintiffs' other claim that defendant 
   should have dropped certain investment options as overly expensive and 
   poor performers was properly dismissed as the allegations failed to 
   establish a meaningful benchmark for evaluating the challenged options.