Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

State Street Bank and Trust Co. v. Pfeil

Petition for certiorari denied on December 3, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-256 6th Cir. N/A N/A N/A N/A OT 2012
 
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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.

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