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State Street Bank and Trust Co. v. Pfeil

Certiorari Denied

Petition for certiorari denied on December 3, 2012.

Docket No.12-256
Op. Below6th Cir.

Issue

(1) Whether Employee Retirement Income Security Act (ERISA) Section 404(c) provides a fiduciary of an otherwise qualified plan a defense to liability against an imprudent investment claim when the participant"s control over the investment is the proximate cause of the loss; and (2) whether liability under ERISA Section 409(a) for a breach of fiduciary duty claim requires that the breach constitute the proximate cause of the loss.

Proceedings & orders timeline

Jun 14, 2012
Application (11A1200) to extend the time to file a petition for a writ of certiorari from June 26, 2012 to August 25, 2012, submitted to Justice Kagan.
Jun 15, 2012
Application (11A1200) granted by Justice Kagan extending the time to file until August 25, 2012.
Aug 24, 2012
Petition for a writ of certiorari filed. (Response due September 27, 2012)
Sep 18, 2012
Order extending time to file response to petition to and including October 29, 2012.
Sep 27, 2012
Motion for leave to file amicus brief filed by The American Benefits Council.
Oct 29, 2012
Brief of respondents Raymond M. Pfeil, et al. in opposition filed.
Nov 12, 2012
Reply of petitioner State Street Bank and Trust Company filed.
Nov 13, 2012
DISTRIBUTED for Conference of November 30, 2012.
Dec 3, 2012
Motion for leave to file amicus brief filed by The American Benefits Council GRANTED.
Dec 3, 2012
Petition DENIED.

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