Thole v. U.S. Bank, N.A.

Docket No. Op. Below Argument Opinion Vote Author Term
17-1712 8th Cir. Jan 13, 2020
Tr.Aud. 		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

DateProceedings and Orders (key to color coding)
May 01 2018Application (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.
May 03 2018Application (17A1210) granted by Justice Gorsuch extending the time to file until June 22, 2018.
Jun 22 2018Petition for a writ of certiorari filed. (Response due July 27, 2018)
Jul 13 2018Motion to extend the time to file a response from July 27, 2018 to August 27, 2018, submitted to The Clerk.
Jul 17 2018Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
Aug 22 2018Brief of respondents U.S. Bank, N.A., et al. in opposition filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 05 2018Reply of petitioners James J. Thole, et al. filed. (Distributed)
Oct 01 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 21 2019Brief amicus curiae of United States filed.
Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 04 2019Supplemental brief of respondents U.S. Bank, N.A., et al. filed. (Distributed)
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition 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.
Jul 03 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jul 16 2019Joint 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.
Sep 04 2019Blanket Consent filed by Petitioners, James J. Thole, et al.
Sep 11 2019Joint appendix filed. (Statement of costs filed.)
Sep 11 2019Brief of petitioners James J. Thole, et al. filed.
Sep 17 2019Brief amici curiae of Law Professors filed.
Sep 17 2019Brief amicus curiae of Public Citizen filed.
Sep 18 2019Brief amicus curiae of United States filed.
Sep 18 2019Brief amicus curiae of Pension Rights Center filed.
Sep 18 2019Brief amicus curiae of National Association of Home Builders in support of neither party filed.
Sep 18 2019Brief amici curiae of AARP and AARP Foundation filed.
Nov 08 2019SET FOR ARGUMENT on Monday, January 13, 2020.
Nov 12 2019Brief of respondents U.S. Bank, N.A., et al. filed.
Nov 18 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 18 2019Brief amicus curiae of New England Legal Foundation filed.
Nov 19 2019Brief amicus curiae of Washington Legal Foundatoin filed.
Nov 19 2019Brief amici curiae of The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee filed.
Nov 26 2019CIRCULATED
Dec 03 2019Record requested from the U.S.C.A. 8th Circuit.
Dec 09 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 12 2019Reply of petitioners James J. Thole, et al. filed. (Distributed)
Dec 12 2019Record received from the U.S.C.A. 8th Circuit. (1 Box)
Jan 13 2020Argued. 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.
Jan 27 2020Record received from the U.S.D.C. District of Minnesota is electronic.
May 06 2020Amendment to Rule 29.6 Corporate Disclosure Statement filed by respondents. (Distributed)
May 18 2020Second amendment to Rule 29.6 Corporate Disclosure Statement filed. (Distributed)
Jun 01 2020Adjudged 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.
Jul 06 2020JUDGMENT ISSUED.
 
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