Retirement Plans Committee of Ibm v. Larry W. Jander — Gorsuch, J., Concurring

Summary

Justice Gorsuch concurs with the per curiam decision to remand the case. He agrees that the plaintiffs’ claim that ERISA fiduciaries could be liable for alternative actions taken in a non‑fiduciary capacity raises a pure question of law that should be addressed by the lower courts. Gorsuch explains that the Dudenhoeffer decision does not foreclose such claims and that the issue was not raised in that case.