Supreme Court of the United States · Official docket →
Parker-Hannifin Corporation, et al. v. Michael D. Johnson, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3014 · judgment November 20, 2024
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Under the Employee Retirement Income Security Act (ERISA), retirement plan fiduciaries have a duty to remove imprudent investments from their plan within a reasonable time. Hughes v. Nw. Univ., 595 U.S. 170, 176 (2022). In deciding whether a complaint adequately pleads an imprudent-investment claim, “courts must give due regard to the range of reasonable judgments a fiduciary may make based on her experience and expertise.” Id. at 177. The question presented is: Whether pleading an imprudent-investment claim under ERISA, based on how the investment’s returns compared to some performance benchmark, requires allegations showing that the benchmark is a sound basis for comparison for that investment.
Counsel of record
For petitioner
Michael Edward Kenneally Jr.
Morgan, Lewis & Bockius LLP
For respondent
Sean Edward Soyars
Schlichter Bogard LLC
Case
Conference history
Distributed for 4 conferences
Amicus briefs
2 cert-stage
Proceedings
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 23 2025Supplemental brief of respondents Michael D. Johnson, et al. filed. (Distributed)
- Dec 23 2025Supplemental brief of petitioners Parker-Hannifin Corporation, et al. filed. (Distributed)
- Dec 09 2025Brief amicus curiae of United States filed.
- Jun 30 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration of this petition.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 09 2025Reply of petitioners Parker-Hannifin Corporation, et al. filed. (Distributed)
- May 21 2025Brief of respondents Michael D. Johnson, et al. in opposition filed.
- May 21 2025Brief amicus curiae of Encore Fiduciary filed.
- Apr 21 2025Response Requested. (Due May 21, 2025)
- Apr 16 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 08 2025Waiver of right of respondent Michael D. Johnson, et al. to respond filed.
- Mar 26 2025Petition for a writ of certiorari filed. (Response due April 28, 2025)