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Pioneer Centres Holding v. Alerus Financial

Case dismissed, pursuant to Rule 46, on September 20, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-667 10th Cir. TBD TBD TBD TBD OT 2018

Issue: Whether a plaintiff bears the full burden of establishing loss causation under 29 U.S.C. § 1109(a), which allows an employee plan to recover for “any losses to the plan resulting from [a fiduciary's] breach of its duties” under ERISA, as the U.S. Courts of Appeals for the 6th, 9th, 10th, and 11th Circuits have held, or whether the burden shifts to the fiduciary to establish the absence of loss causation once the beneficiary makes a prima facie case by establishing breach of fiduciary duty and associated loss, as the U.S. Courts of Appeals for the 2nd, 4th, 5th, and 8th Circuits have held.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 04 2017Application (17A164) to extend the time to file a petition for a writ of certiorari from September 3, 2017 to November 2, 2017, submitted to Justice Sotomayor.
Aug 10 2017Application (17A164) granted by Justice Sotomayor extending the time to file until November 2, 2017.
Nov 02 2017Petition for a writ of certiorari filed. (Response due December 6, 2017)
Nov 21 2017Motion to extend the time to file a response from December 6, 2017 to February 5, 2018, submitted to The Clerk.
Nov 24 2017Order extending time to file response to petition to and including February 5, 2018.
Feb 05 2018Brief of respondent Alerus Financial, N.A. in opposition filed.
Feb 20 2018Reply of petitioners Pioneer Centres Holding, et al. filed.
Feb 21 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 14 2018Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
Sep 20 2018Petition Dismissed - Rule 46.