Ninth Circuit Limits Key Defense in ERISA Stock Drop Cases

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On June 4, 2013, the Ninth Circuit issued an opinion in Harris v. Amgen, reversing an order granting a motion to dismiss and reviving a class action ERISA lawsuit based on allegedly imprudent investments in company stock. In doing so, the court significantly limited the scope of the “presumption of prudence,” a key legal defense in such cases.

BACKGROUND -

ERISA imposes a “prudent person” standard of care on plan fiduciaries. To comply with that standard, a fiduciary must act “with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.”

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Topics:  Amgen, Class Action, Defense Strategies, Duty of Prudence, ERISA, Motion to Dismiss

Published In: Business Torts Updates, Civil Procedure Updates, Finance & Banking Updates, Labor & Employment Updates, Securities Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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