The petition of the day is:

12-751

Issue: 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 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.

Posted in Fifth Third Bancorp v. Dudenhoeffer, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Mar. 20, 2013, 9:30 PM), http://www.scotusblog.com/2013/03/petition-of-the-day-421/