'Presumption Of Prudence' In ERISA Cases At Risk?

Law360, New York (December 4, 2013, 11:58 PM EST) -- The U.S. Supreme Court must soon decide whether to grant Fifth Third Bancorp’s petition for writ of certiorari, and review the Sixth Circuit’s 2012 decision in Dudenhoefer v. Fifth Third Bancorp.[1] The petition presents two significant issues in the realm of ERISA litigation: (1) whether the “presumption of prudence” regarding employer stock is a proper legal standard for evaluating breach of fiduciary duty claims (and at what stage of the proceedings); and (2) whether U.S. Securities and Exchange Commission filings become actionable Employee Retirement Income Security...
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