Legal Opinion
Jander v. Ret. Plans Comm. Ibm
Court of Appeals for the Second Circuit
Decided December 10, 2018No. Docket No. 17-3518; August Term, 2018PublishedCited by 20 opinions
1Opinion of the Court
Katzmann, Chief Judge:
The Employee Retirement Income Security Act ("ERISA") requires fiduciaries of retirement plans to manage the plans' assets prudently. 29 U.S.C. § 1104(a)(1)(B). One form of retirement plan, the employee stock option plan ("ESOP"), primarily invests in the common stock of the plan participant's employer. This case asks what standard one must meet to plausibly allege that fiduciaries of an ESOP have violated ERISA's duty of prudence.
The plaintiffs here, IBM employees who were participants in the company's ESOP, claim that the plan's fiduciaries knew that a division of the…
2Cases cited26 opinions
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
- Panther Partners Inc. v. Ikanos Communications, Inc.Court of Appeals for the Second Circuit · 2012
- Conkright v. FrommertSupreme Court of the United States · 2010
21 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ann Dormani v. Target CorporationCourt of Appeals for the Eighth Circuit · 2020
- In re: Allergan Erisa v.Court of Appeals for the Third Circuit · 2020
- Ret. Plans Comm. of IBM v. JanderSupreme Court of the United States · 2020
- Cassandra Wilson v. Theodore CraverCourt of Appeals for the Ninth Circuit · 2021
- Francesca Allen v. Wells Fargo & CompanyCourt of Appeals for the Eighth Circuit · 2020
15 more not listed; retrieve them via the Exa API.