This OnPoint is the first in a series that will examine important trends and developments in class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Here, we look at the current litigation...more
11/20/2020
/ Article III ,
Breach of Duty ,
Class Action ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Investment Management ,
Retirement Plan ,
Standing ,
Stock Drop Litigation ,
Thole v U.S. Bank
Earlier this year, the U.S. Supreme Court decided the case of Amgen v. Harris, in which the Court revisited and clarified its 2014 holding in Dudenhoeffer v. Fifth Third Bancorp.2 Both cases concern the application of a...more
7/11/2016
/ Amgen ,
Amgen v Harris ,
Breach of Duty ,
Class Action ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Moench Presumption ,
More Harm Than Good Standard ,
Plan Administrators ,
Pleading Standards ,
Retirement Plan ,
SCOTUS ,
Stock Drop Litigation
In its June 2014 decision in Dudenhoeffer v. Fifth Third Bank, the U.S. Supreme Court unanimously declined to recognize a “presumption of prudence” that had favored retirement-plan fiduciaries faced with allegations of...more
Certain retirement plans, such as employee stock ownership plans (“ESOPs”), are specifically designed to invest all or a portion of their assets in stock of the sponsoring employer. For nearly twenty years, the federal courts...more
The Supreme Court has agreed to hear the case of Fifth Third Bancorp v. Dudenhoeffer, in which the Sixth Circuit Court of Appeals, in response to a motion to dismiss, declined to adopt a presumption of prudence in favor of a...more