Carefully Tailored ERISA Claims After Amgen V. Harris

By Karen Handorf and Julie Goldsmith Reiser, Cohen Milstein Sellers & Toll PLLC (January 25, 2017, 11:21 AM EST) -- Karen L. Handorf

Julie Goldsmith Reiser A year ago, the U.S. Supreme Court issued a per curiam order in Amgen Inc. v. Harris 136 S. Ct. 758 (2016). The Amgen decision came in the wake of the Supreme Court's determination that there is no special presumption of prudence for employee stock ownership plan fiduciaries. Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459, 2467 (2014). In Dudenhoeffer, the Supreme Court also defined what plaintiffs must plead to pass muster for a fiduciary breach claim under the Employee Retirement Income Security Act. Although very few circuit courts even had a chance to...

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