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RJR Pension Investment Committee v. Tatum

Certiorari Denied

Petition for certiorari denied on June 29, 2015.

Docket No.14-656
Op. Below4th Cir.

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.

Proceedings & orders timeline

Dec 1, 2014
Petition for a writ of certiorari filed. (Response due January 5, 2015)
Dec 10, 2014
Order extending time to file response to petition to and including February 4, 2015.
Jan 5, 2015
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Feb 4, 2015
Brief of respondent Richard G. Tatum, Individually and on Behalf of All Others Similarly Situated in opposition filed.
Feb 18, 2015
DISTRIBUTED for Conference of March 6, 2015.
Feb 18, 2015
Reply of petitioners RJR Pension Investment Committee, et al. filed. (Distributed)
Mar 9, 2015
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26, 2015
Brief amicus curiae of United States filed.
Jun 9, 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 9, 2015
Supplemental brief of petitioners RJR Pension Investment Committee, et al. filed. (Distributed)
Jun 29, 2015
Petition DENIED.

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