Editor's Note :

Editor's Note :

The court will release orders from the March 16 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the court hears oral argument in Sveen v. Melin. Amy Howe has our preview.

Pioneer Centres Holding Company Stock Ownership Plan and Its Trustees v. Alerus Financial, N.A.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-667 10th Cir. TBD TBD TBD TBD TBD

Issue: Whether a plaintiff bears the full burden of establishing loss causation under 29 U.S.C. § 1109(a), which allows an employee plan to recover for “any losses to the plan resulting from [a fiduciary's] breach of its duties” under ERISA, as the U.S. Courts of Appeals for the 6th, 9th, 10th, and 11th Circuits have held, or whether the burden shifts to the fiduciary to establish the absence of loss causation once the beneficiary makes a prima facie case by establishing breach of fiduciary duty and associated loss, as the U.S. Courts of Appeals for the 2nd, 4th, 5th, and 8th Circuits have held.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 04 2017Application (17A164) to extend the time to file a petition for a writ of certiorari from September 3, 2017 to November 2, 2017, submitted to Justice Sotomayor.
Aug 10 2017Application (17A164) granted by Justice Sotomayor extending the time to file until November 2, 2017.
Nov 02 2017Petition for a writ of certiorari filed. (Response due December 6, 2017)
Nov 21 2017Motion to extend the time to file a response from December 6, 2017 to February 5, 2018, submitted to The Clerk.
Nov 24 2017Order extending time to file response to petition to and including February 5, 2018.
Feb 05 2018Brief of respondent Alerus Financial, N.A. in opposition filed.
Feb 20 2018Reply of petitioners Pioneer Centres Holding, et al. filed.
Feb 21 2018DISTRIBUTED for Conference of 3/16/2018.
Term Snapshot