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Hughes v. Northwestern University

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Docket No. Op. Below Argument Opinion Vote Author Term
19-1401 7th Cir. Dec 6, 2021 Jan 24, 2022 8-0 Sotomayor OT 2021

Holding: Determining whether plan participants state plausible claims against plan fiduciaries for violations of the Employee Retirement Income Security Act’s duty of prudence requires a context-specific inquiry of the fiduciaries’ continuing duty to monitor investments and to remove imprudent ones as articulated in Tibble v. Edison International, 575 U.S. 523; the U.S. Court of Appeals for the 7th Circuit erred in relying on the participants’ ultimate choice over their investments to excuse allegedly imprudent decisions by respondents.

Judgment: Vacated and Remanded, 8-0, in an opinion by Justice Sotomayor on January 24, 2022. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 19 2020Petition for a writ of certiorari filed. (Response due July 23, 2020)
Jul 13 2020Motion to extend the time to file a response from July 23, 2020 to August 24, 2020, submitted to The Clerk.
Jul 14 2020Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
Aug 24 2020Brief of respondents Northwestern University, et al. in opposition filed.
Sep 09 2020DISTRIBUTED for Conference of 9/29/2020.
Sep 09 2020Reply of petitioners April Hughes, et al. filed. (Distributed)
Oct 05 2020The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 25 2021Brief amicus curiae of United States filed.
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021Supplemental brief of respondents Northwestern University, et al. filed. (Distributed)
Jun 10 2021Supplemental brief of petitioners April Hughes, et al. filed. (Distributed)
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED. Justice Barrett took no part in the consideration or decision of this petition.
Jul 22 2021Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 21, 2021.
Aug 02 2021Blanket Consent filed by Petitioner, April Hughes, et al.
Sep 03 2021Brief of petitioners April Hughes, et al. filed.
Sep 03 2021Joint appendix filed. (Statement of costs filed)
Sep 08 2021Blanket Consent filed by Respondent, Northwestern University, et al.
Sep 09 2021Brief amicus curiae of American Association for Justice filed.
Sep 10 2021Brief amici curiae of Investment Law Scholars filed.
Sep 10 2021Brief amicus curiae of United States filed.
Sep 10 2021Brief amicus curiae of Service Employees International Union filed.
Sep 10 2021Brief amicus curiae of Samuel Halpern filed.
Sep 10 2021Brief amici curiae of AARP, et al. filed.
Sep 20 2021SET FOR ARGUMENT on Monday, December 6, 2021.
Sep 27 2021Record requested from the U.S.C.A. 7th Circuit.
Sep 27 2021Record received from the U.S.C.A. 7th Circuit is electronic and located on Pacer. Also received 1 Sealed document which is electronically filed.
Oct 01 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 21 2021Brief of respondents Northwestern University, et al. filed.
Oct 27 2021Brief amicus curiae of Euclid Fiduciary filed. (Distributed)
Oct 28 2021Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
Oct 28 2021Brief amicus curiae of Investment Company Institute filed. (Distributed)
Oct 28 2021Brief amici curiae of American Council on Education and 17 Other Higher Education Organizations filed. (Distributed)
Oct 28 2021Brief amicus curiae of Committee on Investment of Employee Benefit Assets filed. (Distributed)
Oct 28 2021Brief amicus curiae of Teachers Insurance and Annuity Association of America filed. (Distributed)
Oct 28 2021Brief amicus curiae of American Benefits Council filed. (Distributed)
Oct 29 2021CIRCULATED
Nov 08 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, and 35 minutes for respondents. Justice Barrett took no part in the consideration or decision of this motion.
Nov 19 2021Reply of petitioners April Hughes, et al. filed. (Distributed)
Dec 06 2021Argued. For petitioners: David C. Frederick, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Gregory G. Garre, Washington, D. C.
Jan 24 2022Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Barrett, J., took no part in the consideration or decision of this case.
Feb 25 2022JUDGMENT ISSUED.