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Retirement Plans Committee of IBM v. Jander

Petition for certiorari denied on November 9, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
20-289 2nd Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether Fifth Third Bancorp v. Dudenhoeffer’s “more harm than good” standard can be satisfied by generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time and thus plan fiduciaries should have made earlier disclosures through regular securities-law filings; and (2) whether the Employee Retirement Income Security Act imposes a duty on a plan fiduciary who is also a corporate officer to use inside information for the benefit of plan participants.

DateProceedings and Orders (key to color coding)
Sep 01 2020Petition for a writ of certiorari filed. (Response due October 5, 2020)
Oct 05 2020Brief of respondents Larry Jander, et al. in opposition filed.
Oct 20 2020Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed)
Oct 21 2020DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020Petition DENIED.