Editor's Note :

Editor's Note :

The Senate Judiciary Committee has concluded its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Transcripts of previous live blogs are available at this link.
Our full coverage of the nomination is available at this link.

Gray v. Citigroup Inc.

Petition for certiorari denied on October 15, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1531 2d Cir. N/A N/A N/A N/A OT 2012
 
Share:

Issue: (1) Whether, under Section 1104(a)(1)(B) of the Employee Retirement Income Security Act, a fiduciary of a plan that invests in qualified employer securities who knows, or should have known, that it is imprudent to invest in the employer’s securities is permitted to take no steps to protect plan participants and beneficiaries unless the employer is in a “dire situation” or near bankruptcy; and (2) whether, under Section 1104(a)(1)(B), a complaint by a plan participant against a fiduciary of such a plan need only plead facts making plausible the conclusion that the fiduciary failed to act with “care, skill, prudence, and diligence,” or whether instead the complaint must plead facts making plausible the conclusion that the fiduciary knew, or should have known, that the employer was in a “dire situation” or near bankruptcy.

Plain English Summary:

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Term Snapshot
Awards