4. In PFEIL v. STATE STREET BANK AND TRUST CO., 671 F.3d 585 (6th Cir. 2012), participants in a pension plan alleged that defendant breached its fiduciary duty as pension administrator under the Employee Retirement Income Security Act by continuing to allow participants to invest in GM common stock even though public information indicated that GM was headed for bankruptcy. The District Court dismissed the complaint on the ground that the alleged breach could not plausibly have caused losses to the plan since plaintiffs retained the option of investing in stock other than GM. The Sixth Circuit reversed, holding that defendant, as a fiduciary, “was obligated to exercise prudence when designating and monitoring the menu of different investment options that would be offered to plan participants” and it could not “escape its duty simply by asserting at the pleadings stage that the plaintiffs themselves caused the losses to the plans by choosing to invest in the General