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FIFTH THIRD BANCORP v. DUDENHOEFFER

No. 12-751.

134 S.Ct. 2459 (2014)

189 L.Ed.2d 457

FIFTH THIRD BANCORP et al., Petitioners, v. John DUDENHOEFFER et al.

Supreme Court of United States.

Decided June 25, 2014.

Attorney(s) appearing for the Case

Robert A. Long, Jr., Washington, DC, for Petitioners.

Ronald Mann, New York, NY, for Respondents.

Edwin s. Kneedler for the United States as amicus curiae, by special leave of the Court, supporting the Respondents.

James E. Burke, Counsel of Record, Danielle M. D'Addesa, David T. Bules, Joseph M. Callow, Jr., Keating Muething & Klekamp PLL, Cincinnati, OH, Robert A. Long, Jr., John M. Vine, David M. Zionts, Covington & Burling LLP, Washington, DC, for Petitioners.

Joseph H. Meltzer, Edward W. Ciolko, Shannon O. Braden, Kessler Topaz Meltzer & Check, LLP, Radnor, PA, Thomas J. McKenna, Gregory M. Egleston, Gainey McKenna & Egleston, New York, NY, Ronald J. Mann, Counsel of Record, New York, NY, Maurice R. Mitts, Mitts Law, LLC, Philadelphia, PA, for Respondents.

Justice BREYER delivered the opinion of the Court.

The Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq., requires the fiduciary of a pension plan to act prudently in managing the plan's assets. § 1104(a)(1)(B). This case focuses upon that duty of prudence as applied to the fiduciary of an "employee stock ownership plan" (ESOP), a type of pension plan that invests primarily in the stock of...

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