Allen v. Wells Fargo & Co.
Petition for certiorari denied on May 3, 2021
Issues: (1) Whether, under Fifth Third Bancorp v Dudenhoeffer, fiduciaries of an employee stock ownership fund are effectively immune from duty-of-prudence
liability for the failure to publicly disclose inside
information; and (2) whether Dudenhoeffer’s framework extends
beyond prudence-based claims and applies to duty-of-loyalty claims against ESOP fiduciaries.
- One new case, two issues of appellate procedure (John Elwood, April 29, 2021)
- Sovereign immunity, legislative censure and another habeas question (John Elwood, April 21, 2021)
- Two Sixth Amendment claims and an ERISA lawsuit (John Elwood, April 15, 2021)
- Two cases on the state-secrets privilege (Andrew Hamm, January 22, 2021)