Amgen Inc. v. Harris
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 15-278 | Not Argued | May 9, 2025 | n/a | Per Curiam | OT 2015 |
Holding: The Ninth Circuit failed to properly evaluate, to determine whether it states a claim, a complaint filed by a company"s stockholders against the company"s fiduciaries for breach of the duty of prudence when it failed to assess whether the complaint in its current form "has plausibly alleged" that a prudent fiduciary in the same position "could not have concluded" that the alternative action "would do more harm than good."
Judgment: Reversed and remanded in a per curiam opinion on May 9, 2025.
SCOTUSblog Coverage
- Court issues summary decision limiting claims against ERISA-governed ESOPs (Ronald Mann, January 25, 2016)
| Date | Proceedings and Orders |
|---|---|
| 08/07/2015 | Application (15A157) to extend the time to file a petition for a writ of certiorari from August 24, 2015 to September 3, 2015, submitted to Justice Kennedy. |
| 08/17/2015 | Application (15A157) granted by Justice Kennedy extending the time to file until September 3, 2015. |
| 09/03/2015 | Petition for a writ of certiorari filed. (Response due October 5, 2015) |
| 09/25/2015 | Waiver of right of respondents Steve Harris, et al. to respond filed. |
| 10/02/2015 | Motion for leave to file amicus brief filed by American Benefits Council. |
| 10/05/2015 | Motion for leave to file amicus brief filed by Washington Legal Foundation. |
| 10/07/2015 | DISTRIBUTED for Conference of October 30, 2015. |
| 10/14/2015 | Response Requested . (Due November 13, 2015) |
| 11/13/2015 | Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. |
| 11/13/2015 | Brief of respondents Steve Harris, et al. in opposition filed. |
| 12/01/2015 | Reply of petitioners Amgen Inc., et al. filed. |
| 12/02/2015 | DISTRIBUTED for Conference of January 8, 2016. |
| 01/11/2016 | DISTRIBUTED for Conference of January 15, 2016. |
| 01/19/2016 | DISTRIBUTED for Conference of January 22, 2016. |
| 01/25/2016 | Motion for leave to file amicus brief filed by American Benefits Council GRANTED. |
| 01/25/2016 | Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. |
| 01/25/2016 | Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED. |
| 01/25/2016 | Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion) |
| 02/26/2016 | Judgment Issued |