Yale, Workers Peppered With Questions in Retirement Fee Appeal

Attorneys debating Yale University’s retirement plan management on Wednesday responded to a deluge of questions from a panel of Second Circuit judges focused on deciding whether the jury that sided with Yale was properly instructed.

Judges Joseph F. Bianco and Eunice C. Lee both appeared skeptical during oral arguments that the jury instructions correctly parsed the distinction between various elements of the Employee Retirement Income Security Act case, including loss and damages.

Lee in particular focused on the fact that the jury answered “yes” when asked if Yale breached its duties and caused losses to the plan through unreasonable administrative ...