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RETIREMENT PLANS COMMITTEE OF IBM v. JANDER

No. 18-1165.

140 S.Ct. 592 (2020)

RETIREMENT PLANS COMMITTEE OF IBM, et al., Petitioners v. Larry W. JANDER, et al.

Supreme Court of United States.

January 14, 2020.

Attorney(s) appearing for the Case

Paul D. Clement , Washington, DC, for the petitioners.

Jonathan Y. Ellis , for the United States as amicus curiae, by special leave of the Court, supporting neither party.

Samuel Bonderoff , New York, NY, for the respondents.

Lawrence Portnoy , Michael S. Flynn , David B. Toscano , Trent Thompson , Davis Polk & Wardwell LLP, New York, NY, Paul D. Clement , George W. Hicks, Jr. , C. Harker Rhodes IV , Andrew C. Lawrence , Kirkland & Ellis LLP, Washington, DC, for petitioners.

Samuel E. Bonderoff , Jacob H. Zamansky , James Ostaszewski , Zamansky LLC, New York, NY, for respondents.

In Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409, 134 S.Ct. 2459, 189 L.Ed.2d 457 (2014), we held that "[t]o state a claim for breach of the duty of prudence" imposed on plan fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) "on...

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