RJR Pension Investment Committee v. Tatum
Petition for certiorari denied on June 29, 2015
Issue: (1) Whether the plaintiff bears the burden of proving loss causation under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1109, or whether it can shift the burden on that element to the defendant by carrying its burden on the analytically distinct elements of breach of fiduciary duty and loss to the plan; and (2) whether an ERISA fiduciary with a duty of prudence can be held liable for money damages under Section 1109 even though its ultimate investment decision was objectively prudent. CVSG: 5/26/2015.
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| Date | Proceedings and Orders |
|---|---|
| 12/01/2014 | Petition for a writ of certiorari filed. (Response due January 5, 2015) |
| 12/10/2014 | Order extending time to file response to petition to and including February 4, 2015. |
| 01/05/2015 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 02/04/2015 | Brief of respondent Richard G. Tatum, Individually and on Behalf of All Others Similarly Situated in opposition filed. |
| 02/18/2015 | DISTRIBUTED for Conference of March 6, 2015. |
| 02/18/2015 | Reply of petitioners RJR Pension Investment Committee, et al. filed. (Distributed) |
| 03/09/2015 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/26/2015 | Brief amicus curiae of United States filed. |
| 06/09/2015 | DISTRIBUTED for Conference of June 25, 2015. |
| 06/09/2015 | Supplemental brief of petitioners RJR Pension Investment Committee, et al. filed. (Distributed) |
| 06/29/2015 | Petition DENIED. |