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FIFTH THIRD BANCORP v. DUDENHOEFFER

Docket No.: 12-751
Argued: April 2, 2014

Topics:

ERISA, Employee Retirement Income Security Act, pension plan

PartyNames: Fifth Third Bancorp, et al. v. John Dudenhoeffer, et al.
Petitioner: Fifth Third Bancorp, et al.
Respondent: John Dudenhoeffer, et al.

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 692 F. 3d 410
Supreme Court Docket

Fifth Third Bancorp, et al.
v.
John Dudenhoeffer, et al.
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. Whether the Sixth Circuit erred by holding that Respondents were not required to plausibly allege in their complaint that the fiduciaries of an employee stock ownership plan ("ESOP") abused their discretion by remaining invested in employer stock, in order to overcome the presumption that their decision to invest in employer stock was reasonable, as required by the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1101, et seq. ("ERISA"), and every other circuit to address the issue. 2. Whether the Sixth Circuit erred by refusing to follow precedent of this Court (and the holdings of every other circuit to address the issue) by holding that filings with the Securities and Exchange Commission ("SEC") become actionable ERISA fiduciary communications merely by virtue of their incorporation by reference into plan documents.

FIFTH THIRD BANCORP v. DUDENHOEFFER
ORAL ARGUMENT

April 2, 2014

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