The petition of the day is:

12-256

Issue: (1) Whether Employee Retirement Income Security Act (ERISA) Section 404(c) provides a fiduciary of an otherwise qualified plan a defense to liability against an imprudent investment claim when the participant’s control over the investment is the proximate cause of the loss; and (2) whether liability under ERISA Section 409(a) for a breach of fiduciary duty claim requires that the breach constitute the proximate cause of the loss.

Posted in State Street Bank and Trust Co. v. Pfeil, Cases in the Pipeline

Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Nov. 21, 2012, 11:05 PM), http://www.scotusblog.com/2012/11/petition-of-the-day-373/