Retirement Plans Committee of IBM v. Jander
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-1165 | Nov 6, 2019 | Jan 14, 2020 | N/A | Per Curiam | OT 2019 |
Holding: This case, about whether plaintiffs can state a claim against retirement-plan fiduciaries for breach of duty of prudence by alleging that the costs of undisclosed fraud grow over time, is vacated and remanded to the U.S. Court of Appeals for the 2nd Circuit for a determination on whether to consider two arguments raised in the briefs at the Supreme Court but not in the lower courts.
Judgment: Vacated and remanded in a per curiam opinion on January 14, 2020. Justice Kagan filed a concurring opinion, in which Justice Ginsburg joined. Justice Gorsuch filed a concurring opinion.
SCOTUSblog Coverage
- Live blog of opinions (Update: Completed) (Kalvis Golde, January 14, 2020)
- Opinion analysis: Justices punt on liability of insiders for mismanagement of pension plans that invest in employer stock (Ronald Mann, January 14, 2020)
- Argument analysis: Justices debate liability of insiders for mismanagement of pension plans that invest in employer stock (Ronald Mann, November 7, 2019)
- Justices to consider liability of insiders for mismanagement of pension plans that invest in employer stock (Ronald Mann, October 30, 2019)
- Justices grant three new cases (Amy Howe, June 3, 2019)
| Date | Proceedings and Orders |
|---|---|
| 03/04/2019 | Petition for a writ of certiorari filed. (Response due April 8, 2019) |
| 04/01/2019 | Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk. |
| 04/04/2019 | Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2019. |
| 04/08/2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 04/18/2019 | Brief of respondents Larry Jander, et al. in opposition filed. |
| 05/06/2019 | Reply of petitioners Retirement Plans Committee of IBM, et al. filed. |
| 05/07/2019 | DISTRIBUTED for Conference of 5/23/2019. |
| 05/28/2019 | DISTRIBUTED for Conference of 5/30/2019. |
| 06/03/2019 | Petition GRANTED. |
| 07/01/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 07/08/2019 | SET FOR ARGUMENT on Wednesday, November 6, 2019. |
| 07/11/2019 | Blanket Consent filed by Petitioners, Retirement Plans Committee of IBM, et al. |
| 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 August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 24, 2019. |
| 08/06/2019 | Brief of petitioners Retirement Plans Committee of IBM, et al. filed. |
| 08/06/2019 | Joint appendix filed. |
| 08/13/2019 | Brief amicus curiae of the United States in support of neither party filed. |
| 08/13/2019 | Brief amici curiae of The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable filed. |
| 08/13/2019 | Brief amicus curiae of DRI—The Voice of the Defense Bar filed. |
| 08/13/2019 | Brief amici curiae of American Benefits Council and ERISA Industry Committee filed. |
| 09/03/2019 | CIRCULATED |
| 09/16/2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| 09/16/2019 | Record received from the U.S.C.A. 2nd Circuit it electronic. |
| 09/24/2019 | Brief of respondents Larry W. Jander, et al. filed. (Distributed) |
| 09/27/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/01/2019 | Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed) |
| 10/01/2019 | Brief amicus curiae of Occupy the SEC filed. (Distributed) |
| 10/01/2019 | Brief amici curiae of Law Professors filed. (Distributed) |
| 10/15/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/24/2019 | Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed) |
| 11/06/2019 | Argued. For petitioners: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Samuel Bonderoff, New York, N. Y. |
| 01/14/2020 | Judgment VACATED and case REMANDED. Kagan, J., filed a concurring opinion, in which Ginsburg, J., joined. Gorsuch, J., filed a concurring opinion. Opinion per curiam. |
| 02/18/2020 | JUDGMENT ISSUED. |