Fifth Third Bancorp v. Dudenhoeffer
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-751 | 6th Cir. |
Apr 2, 2014 Tr.Aud. |
Jun 25, 2014 | 9-0 | Breyer | OT 2013 |
Holding: When a decision by a fiduciary of an “employee stock ownership plan” (ESOP) to buy or hold the employer’s stock is challenged in court, the fiduciary is not entitled to a “presumption of prudence.” Instead, ESOP fiduciaries are subject to the same duty of prudence that applies to Employee Retirement Income Security Act (ERISA) fiduciaries in general, except that they need not diversify the fund's assets.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 25, 2014.
SCOTUSblog Coverage
- Opinion analysis: Court rejects “presumption of prudence” for ESOP fiduciaries (Timothy Simeone)
- Argument analysis: No “coach class” fiduciary duties? (Timothy Simeone)
- Argument preview: Court to address “presumption of prudence” for ERISA fiduciaries (Timothy Simeone)
- Court grants two new cases (UPDATED) (Lyle Denniston)
- Petition of the day (Mary Pat Dwyer)
| Date | Proceedings and Orders |
|---|---|
| Dec 14 2012 | Petition for a writ of certiorari filed. (Response due January 22, 2013) |
| Jan 15 2013 | Order extending time to file response to petition to and including February 22, 2013. |
| Jan 22 2013 | Brief amicus curiae of Keycorp filed. |
| Jan 28 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the petitioners. |
| Feb 22 2013 | Brief of respondents John Dudenhoeffer, et al. in opposition filed. |
| Mar 5 2013 | Reply of petitioners Fifth Third Bancorp, et al. filed. |
| Mar 6 2013 | DISTRIBUTED for Conference of March 22, 2013. |
| Mar 25 2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Nov 12 2013 | Brief amicus curiae of United States filed. |
| Nov 25 2013 | Supplemental response filed by petitioners Fifth Third Bancorp, et al. |
| Nov 26 2013 | DISTRIBUTED for Conference of December 13, 2013. |
| Nov 26 2013 | Supplemental brief of respondents John Dudenhoeffer, et al. filed. (Distributed) |
| Dec 13 2013 | Petition GRANTED limited to Question 1 presented by the petition. |
| Jan 8 2014 | SET FOR ARGUMENT ON Wednesday, April 2, 2014 |
| Jan 14 2014 | Record received from U.S.C.A. 6th Circuit. The record is electronic. |
| Jan 27 2014 | Joint appendix filed (3 volumes). (Statement of costs filed) |
| Jan 27 2014 | Brief of petitioners Fifth Third Bancorp, et al. filed. |
| Jan 28 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Jan 30 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Feb 3 2014 | CIRCULATED. |
| Feb 3 2014 | Brief amicus curiae of KeyCorp filed. (Distributed) |
| Feb 3 2014 | Brief amicus curiae of Delta Air Lines, Inc. filed. (Distributed) |
| Feb 3 2014 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed) |
| Feb 3 2014 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed) |
| Feb 3 2014 | Brief amicus curiae of ESOP Association filed. (Distributed) |
| Feb 26 2014 | Brief of respondents John Dudenhoeffer, et al. filed. (Distributed) |
| Feb 26 2014 | Letter proposing a lodging of material published in Tax Notes, March 2014, received from counsel for respondents. filed. (Distributed) |
| Feb 28 2014 | Proposal of counsel for respondents to lodge copies of an unpublished article cited to in their brief on the merits. |
| Mar 4 2014 | Brief amicus curiae of AARP filed. (Distributed) |
| Mar 5 2014 | Brief amicus curiae of United States filed. (Distributed) |
| Mar 5 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 5 2014 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| Mar 5 2014 | Brief amici curiae of Law Professors filed. (Distributed) |
| Mar 21 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Mar 24 2014 | Reply of petitioners Fifth Third Bancorp, et al. filed. (Distributed) |
| Apr 2 2014 | Argued. For petitioners: Robert A. Long, Jr., Washington, D. C. For respondents: Ronald Mann, New York, N. Y.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 25 2014 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| Jul 28 2014 | JUDGMENT ISSUED. |
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