Editor's Note :

Editor's Note :

On Wednesday the court hears oral argument in Sandoz Inc. v. Amgen Inc. John Duffy has our preview.
On Wednesday the court also hears oral argument in Maslenjak v. United States. Amy Howe has our preview.

RJR Pension Investment Committee v. Tatum

Petition for certiorari denied on June 29, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-656 4th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether the plaintiff bears the burden of proving loss causation under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1109, or whether it can shift the burden on that element to the defendant by carrying its burden on the analytically distinct elements of breach of fiduciary duty and loss to the plan; and (2) whether an ERISA fiduciary with a duty of prudence can be held liable for money damages under Section 1109 even though its ultimate investment decision was objectively prudent. CVSG: 5/26/2015.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 1 2014Petition for a writ of certiorari filed. (Response due January 5, 2015)
Dec 10 2014Order extending time to file response to petition to and including February 4, 2015.
Jan 5 2015Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Feb 4 2015Brief of respondent Richard G. Tatum, Individually and on Behalf of All Others Similarly Situated in opposition filed.
Feb 18 2015DISTRIBUTED for Conference of March 6, 2015.
Feb 18 2015Reply of petitioners RJR Pension Investment Committee, et al. filed. (Distributed)
Mar 9 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2015Brief amicus curiae of United States filed.
Jun 9 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 9 2015Supplemental brief of petitioners RJR Pension Investment Committee, et al. filed. (Distributed)
Jun 29 2015Petition DENIED.
 
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