No. 19-595

Eric O'Day, et al., Individually and on Behalf of the SunEdison, Inc. Retirement Savings Plan v. Ahmad Chatila, et al.

Lower Court: Second Circuit
Docketed: 2019-11-06
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: asset-management context-sensitive-scrutiny erisa erisa-fiduciary-duty fiduciary-duty heightened-pleading-standard inside-information pleading-requirements prudence prudence-standard publicly-traded publicly-traded-assets securities-law
Key Terms:
Arbitration ERISA Securities
Latest Conference: 2020-01-17 (distributed 2 times)
Question Presented (from Petition)

Whether Dudenhoeffer's "context-sensitive scrutiny of a complaint's allegations" can be met where a court presumes an asset must be prudent if it is publicly traded and presumes that a reasonably prudent fiduciary would never conclude that it "would not do more harm than good" to freeze purchases of a company's assets based on inside information.

Question Presented (AI Summary)

Whether Dudenhoeffer's 'context-sensitive scrutiny of a complaint's allegations' can be met where a court presumes an asset must be prudent if it is publicly traded and presumes that a reasonably prudent fiduciary would never conclude that it 'would not do more harm than good' to freeze purchases of a company's assets based on inside information

Docket Entries

2020-01-21
Petition DENIED.
2020-01-14
DISTRIBUTED for Conference of 1/17/2020.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioners Eric O'Day, et al. filed. (Distributed)
2019-12-06
Brief of respondent Ahmad Chatila, et al. in opposition filed.
2019-11-04
Petition for a writ of certiorari filed. (Response due December 6, 2019)

Attorneys

Ahmad Chatila, et al.
Mark Bruce BlockerSidley Austin LLP, Respondent
Eric O'Day, et al.
Matthew W.H. WesslerGupta Wessler PLLC, Petitioner