Supreme Court of the United States · Official docket →
University of Pennsylvania, et al. v. Jennifer Sweda, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 17-3244 · judgment May 2, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Questions presented
In Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 554, 557 (2007), the Court held that allegations that are “merely consistent with” antitrust violations—but “just as much in line with” lawful behavior—fail to state a claim for relief. It reaffirmed that principle in Ashcroft v. Iqbal, 556 U.S. 662, 678, 684 (2009), stressing that Twombly provides “the pleading standard for ‘all civil actions.’ ” And in Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409, 426 (2014), it held that “the pleading standard as discussed in Twombly and Iqbal” governs breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. But here a divided Third Circuit panel “decline[d] to extend Twombly’s antitrust pleading rule to such claims.” App., infra, 9a. Then it reversed the dismissal of respondents’ claims based on allegations that other courts of appeals have found insufficient as a matter of law. The questions presented are:
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Whether Twombly’s pleading standard governs breach of fiduciary duty claims under ERISA.
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Whether a complaint states a plausible claim for breach of fiduciary duty under ERISA if it alleges that a retirement plan’s investment options charged excessive fees and underperformed, but does not allege any fiduciary conduct inconsistent with lawful management of the plan.
Counsel of record
For petitioner
David B. Salmons
Morgan, Lewis & Bockius LLP
For respondent
Jerome J. Schlichter
Schlichter, Bogard & Denton, LLP
Proceedings
- Mar 30 2020Petition DENIED.
- Mar 26 2020Supplemental brief of petitioners University of Pennsylvania, Investment Committee, and Jack Heuer filed. (Distributed)
- Mar 11 2020DISTRIBUTED for Conference of 3/27/2020.
- Mar 10 2020Reply of petitioners University of Pennsylvania, Investment Committee, and Jack Heuer filed. (Distributed)
- Feb 26 2020Brief of respondents Jennifer Sweda, et al. in opposition filed.
- Jan 27 2020Response Requested. (Due February 26, 2020)
- Jan 17 2020Brief amici curiae of The Chamber of Commerce of the United States of America and The American Benefits Council filed. (Distributed)
- Jan 15 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 15 2020Brief amicus curiae of Teachers Insurance and Annuity Association of America filed. (Distributed)
- Dec 26 2019Waiver of Jennifer Sweda, et al. of right to respond not accepted for filing. (January 08, 2020)
- Dec 26 2019Waiver of right of respondents Jennifer Sweda, et al. to respond filed.
- Dec 16 2019Petition for a writ of certiorari filed. (Response due January 17, 2020)
- Nov 05 2019Application (19A331) granted by Justice Alito extending the time to file until December 16, 2019.
- Nov 01 2019Application (19A331) to extend further the time from November 16, 2019 to December 16, 2019, submitted to Justice Alito.
- Sep 25 2019Application (19A331) granted by Justice Alito extending the time to file until November 16, 2019.
- Sep 23 2019Application (19A331) to extend the time to file a petition for a writ of certiorari from October 17, 2019 to November 18, 2019, submitted to Justice Alito.