Putnam Investments, LLC v. Brotherston

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-926 1st Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether an ERISA plaintiff bears the burden of proving that “losses to the plan result[ed] from” a fiduciary breach, as the U.S. Courts of Appeals for the 2nd, 6th, 7th, 9th, 10th and 11th Circuits have held, or whether ERISA defendants bear the burden of disproving loss causation, as the U.S. Court of Appeals for the 1st Circuit concluded, joining the U.S. Courts of Appeals for the 4th, 5th and 8th Circuits; and (2) whether, as the U.S. Court of Appeals for the 1st Circuit concluded, showing that particular investment options did not perform as well as a set of index funds, selected by the plaintiffs with the benefit of hindsight, suffices as a matter of law to establish “losses to the plan.”

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 11 2019Petition for a writ of certiorari filed. (Response due February 15, 2019)
Jan 24 2019Motion to extend the time to file a response from February 15, 2019 to March 15, 2019, submitted to The Clerk.
Jan 28 2019Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2019.
Feb 15 2019Brief amicus curiae of Investment Company Institute filed.
Feb 15 2019Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Feb 15 2019Brief amicus curiae of The American Council of Life Insurers filed.
Mar 14 2019Brief of respondents John Brotherston, et al. in opposition filed.
Apr 01 2019Reply of petitioners Putnam Investments, LLC, et al. filed.
Apr 02 2019DISTRIBUTED for Conference of 4/18/2019.
Apr 22 2019The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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