What Fifth Third Bancorp v. Dudenhoeffer May Mean for ERISA ...

This U.S. Supreme Court decision will alter the analytical framework for evaluating pleading allegations and dispositive motions in stock-drop cases in ...

Fifth Third Bancorp v. Dudenhoeffer | 573 U.S. 409 (2014)

Fifth Third Bancorp v. Dudenhoeffer: Fiduciaries in employee stock ownership plans are not entitled to a presumption of prudence or any duty ...

Fifth Third Bancorp v. Dudenhoeffer | Oyez

The federal district court granted Fifth Third's motion to dismiss and held that the plaintiffs failed to state a claim for which relief could ...

Fifth Third Bancorp v. Dudenhoeffer – An Analysis of the U.S. ...

Dudenhoeffer, wherein it concluded by unanimous decision that the presumption of prudence could not be supported by the text of ERISA. As ...

What the Supreme Court's Dudenhoeffer Decision Means for ESOPs

In Fifth Third Bancorp v. Dudenhoeffer the Supreme Court ruled unanimously that "the law does not create a special presumption favoring ESOP fiduciaries. Rather ...

Fifth Third Bancorp v. Dudenhoeffer - Wikipedia

Dudenhoeffer, 573 U.S. 409 (2014), was a United States Supreme Court case in which the court found Employee stockownership (ESOP) fiduciaries have the same ...

Fifth Third Bancorp. v. Dudenhoeffer--New Avenues for Breach of ...

The Court recognized that ERISA exempts ESOP fiduciaries from "the diversification requirement" normally required of ERISA fiduciaries and the prudence ...

What Does the Supreme Court's Ruling in Fifth Third Bancorp v ...

In Dudenhoeffer, participants in an ESOP claimed that the ESOP fiduciaries breached their fiduciary duty by failing to sell company stock, and ...

Fifth Third Corp. v. Dudenhoeffer: What Did the Supreme Court Say ...

Last week the Supreme Court issued its opinion in Fifth Third Bancorp v. Dudenhoeffer, an important case involving the question of whether ...

Fifth Third Bancorp, et al., v. John Dudenhoeffer, et al.

The Supreme Court held that fiduciaries get no presumption of prudence; and a plaintiff must plead a legal available alternative.

Analyses of Bancorp v. Dudenhoeffer, 573 U.S. 409 | Casetext

What Fifth Third Bancorp v. Dudenhoeffer May Mean for ERISA Stock-Drop Litigation ... Effectively wiping the slate clean, the Supreme Court ruled that the “ ...

Fifth Third Bancorp v. Dudenhoeffer - U.S. Department of Labor

ERISA departs from trust law, however, in that an employer may not dispense with the duty of prudence by requiring the plan to make imprudent investments.

How Has Supreme Court Decision in Fifth Third Bancorp v. Dudenhoe

In Fifth Third Bancorp v. Dudenhoeffer, Supreme Court ruled ... Under current law and practice, however, this would already violate ERISA ...

Fifth Third Bancorp v. Dudenhoeffer - Case Brief Summary for Law ...

The Court reasoned that ERISA's statutes do not include a special presumption of prudence for ESOP fiduciaries. The duty of prudence as outlined in ERISA ...

FIFTH THIRD BANCORP v. DUDENHOEFFER | Supreme Court

It concluded that ESOP fiduciaries are entitled to a “presumption of prudence” that does not apply to other ERISA fiduciaries but that the ...

Fifth Third Bancorp v. Dudenhoeffer: Supreme Court Rejects ...

Even if the Fifth Third v. Dudenhoeffer decision eventually proves neutral or even positive for fiduciaries and plan sponsors – which may be the ...

Navigating Employee 401(k) and Pension Plans | Best Lawyers

In Dudenhoeffer, though, the Supreme Court found that the ERISA fiduciary “duty of prudence trumps the instructions of a plan document”— meaning ...

Fifth Third Bancorp v. Dudenhoeffer: The Supreme Court ... - Casetext

Plaintiffs contended that a prudent fiduciary would have responded to this information by, among other things, (1) selling Fifth Third stock, (2) ...

Supreme Court Decides ESOP Fiduciary Duty Case - Faegre Drinker

v. Dudenhoeffer et al., No. 12-751, holding that a fiduciary of an employee stock ownership plan (ESOP) is subject to the same duty ...

ERISA Stock Drop Cases Since Dudenhoeffer: The Pleading ...

In Fifth Third Bancorp v. Dudenhoeffer [134 S. Ct. 2459 (2014)], the US Supreme Court held that no such presumption exists, and modified the ...