| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-888 | 9th Cir. | Not Argued | Jun 30, 2014 | TBD | TBD | OT 2013 |
Issue: (1) Whether the Ninth Circuit erred in holding that respondents, in seeking to prove their claims under the Employee Retirement Income Security Act (ERISA), could invoke the presumption of class-wide reliance approved by this Court for securities claims in Basic Inc. v. Levinson; (2) whether the Ninth Circuit erred in holding that a fiduciary of a company’s employee-retirement plan must act -- with respect to publicly-traded securities -- on non-public information about the company in order to avoid liability under ERISA; and (3) whether the Ninth Circuit erred in holding that the “presumption of prudence,” which protects ERISA fiduciaries from liability in certain circumstances, applies only if the relevant retirement-plan language requires or encourages a fiduciary to invest in the employer’s own stock.
Judgment: Vacated and remanded on June 30, 2014.
| Date | Proceedings and Orders |
|---|---|
| Jan 10 2014 | Application (13A729) to extend the time to file a petition for a writ of certiorari from January 21, 2014 to February 3, 2014, submitted to Justice Kennedy. |
| Jan 21 2014 | Petition for a writ of certiorari filed. (Response due February 24, 2014) |
| Jan 24 2014 | Application (13A729) granted by Justice Kennedy extending the time to file until February 3, 2014. |
| Feb 14 2014 | Order extending time to file response to petition to and including March 26, 2014. |
| Mar 26 2014 | Brief of respondents Steve Harris, et al. in opposition filed. |
| Apr 8 2014 | Reply of petitioners Amgen Inc., et al. filed. |
| Apr 9 2014 | DISTRIBUTED for Conference of April 25, 2014. |
| Jun 23 2014 | DISTRIBUTED for Conference of June 26, 2014. |
| Jun 23 2014 | Supplemental brief of petitioners Amgen Inc., et al. filed. (Distributed) |
| Jun 25 2014 | Supplemental brief of petitioners filed. (Second Supplement) (Distributed) |
| Jun 26 2014 | Supplemental brief of respondent Steve Harris, et al. filed. (Distributed) |
| Jun 30 2014 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Fifth Third Bancorp v. Dudenhoeffer, 573 U. S. ___ (2014). |
| Aug 1 2014 | JUDGMENT ISSUED. |
