Thole v. U.S. Bank, N.A.
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1712 | Jan 13, 2020 | Jun 1, 2020 | 5-4 | Kavanaugh | OT 2019 |
Holding: Participants in a defined-benefit retirement plan who are guaranteed a fixed payment each month regardless of the plan"s value or its fiduciaries" investment decisions lack Article III standing to bring a lawsuit against the fiduciaries under the Employee Retirement Income Security Act of 1974.
Judgment: Affirmed, 5-4, in an opinion by Justice Kavanaugh on June 1, 2020. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.
SCOTUSblog Coverage
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 1, 2020)
- Opinion analysis: Supreme Court protects defined-benefit plan fiduciaries from lawsuits (Dana Muir, June 1, 2020)
- Argument analysis: The court once again considers the relevance of historic trust law in an employee-benefits case (Dana Muir, January 14, 2020)
- Argument preview: Are fiduciaries of defined-benefit pension plans that meet minimum funding criteria protected from lawsuits for fiduciary breach? (Dana Muir, January 6, 2020)
- Court releases January calendar (Amy Howe, November 8, 2019)
- Solicitor general files invitation briefs (Amy Howe, June 5, 2019)
- Justices officially return from summer recess, issue orders from long conference (Amy Howe, October 1, 2018)
- Petitions of the week: The new Petition of the day (Aurora Barnes, July 13, 2018)
| Date | Proceedings and Orders |
|---|---|
| 05/01/2018 | Application (17A1210) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 20, 2018, submitted to Justice Gorsuch. |
| 05/03/2018 | Application (17A1210) granted by Justice Gorsuch extending the time to file until June 22, 2018. |
| 06/22/2018 | Petition for a writ of certiorari filed. (Response due July 27, 2018) |
| 07/13/2018 | Motion to extend the time to file a response from July 27, 2018 to August 27, 2018, submitted to The Clerk. |
| 07/17/2018 | Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018. |
| 08/22/2018 | Brief of respondents U.S. Bank, N.A., et al. in opposition filed. |
| 09/05/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 09/05/2018 | Reply of petitioners James J. Thole, et al. filed. (Distributed) |
| 10/01/2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/21/2019 | Brief amicus curiae of United States filed. |
| 06/04/2019 | DISTRIBUTED for Conference of 6/20/2019. |
| 06/04/2019 | Supplemental brief of respondents U.S. Bank, N.A., et al. filed. (Distributed) |
| 06/26/2019 | DISTRIBUTED for Conference of 6/27/2019. |
| 06/28/2019 | Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have demonstrated Article III standing. |
| 07/03/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 07/16/2019 | Joint motion for an extension of 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 11, 2019. The time to file respondents' brief on the merits is extended to and including November 12, 2019. |
| 09/04/2019 | Blanket Consent filed by Petitioners, James J. Thole, et al. |
| 09/11/2019 | Joint appendix filed. (Statement of costs filed.) |
| 09/11/2019 | Brief of petitioners James J. Thole, et al. filed. |
| 09/17/2019 | Brief amici curiae of Law Professors filed. |
| 09/17/2019 | Brief amicus curiae of Public Citizen filed. |
| 09/18/2019 | Brief amicus curiae of United States filed. |
| 09/18/2019 | Brief amicus curiae of Pension Rights Center filed. |
| 09/18/2019 | Brief amicus curiae of National Association of Home Builders in support of neither party filed. |
| 09/18/2019 | Brief amici curiae of AARP and AARP Foundation filed. |
| 11/08/2019 | SET FOR ARGUMENT on Monday, January 13, 2020. |
| 11/12/2019 | Brief of respondents U.S. Bank, N.A., et al. filed. |
| 11/18/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/18/2019 | Brief amicus curiae of New England Legal Foundation filed. |
| 11/19/2019 | Brief amicus curiae of Washington Legal Foundatoin filed. |
| 11/19/2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee filed. |
| 11/26/2019 | CIRCULATED |
| 12/03/2019 | Record requested from the U.S.C.A. 8th Circuit. |
| 12/09/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 12/12/2019 | Reply of petitioners James J. Thole, et al. filed. (Distributed) |
| 12/12/2019 | Record received from the U.S.C.A. 8th Circuit. (1 Box) |
| 01/13/2020 | Argued. For petitioners: Peter K. Stris, Los Angeles, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C. |
| 01/27/2020 | Record received from the U.S.D.C. District of Minnesota is electronic. |
| 05/06/2020 | Amendment to Rule 29.6 Corporate Disclosure Statement filed by respondents. (Distributed) |
| 05/18/2020 | Second amendment to Rule 29.6 Corporate Disclosure Statement filed. (Distributed) |
| 06/01/2020 | Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined. |
| 07/06/2020 | JUDGMENT ISSUED. |