Georgetown Retirement Investors Face Leery D.C. Circuit Panel

Participants in a pair of Georgetown University retirement plans appeared unlikely to convince the D.C. Circuit to revive their lawsuit challenging the plan’s fees and investment options.

The participants are running into problems because they’ve tried to make a “circumstantial case” rather than alleging direct wrongdoing on the part of the university, Judge J. Michelle Childs said during oral arguments on Tuesday. Their appeal seeks to undo a decision blocking them from filing an amended complaint, but it “doesn’t seem that hard” to get permission for an amended complaint so long as the proposed allegations aren’t futile, Childs said.

Judges ...