No. 19-784

University of Pennsylvania, et al. v. Jennifer Sweda, et al.

Lower Court: Third Circuit
Docketed: 2019-12-18
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: breach-of-duty civil-procedure civil-rights due-process employee-benefits erisa fiduciary-duty investment-options iqbal pleading-standard twombly twombly-standard
Latest Conference: 2020-03-27 (distributed 2 times)
Question Presented (from Petition)

1. Whether Twombly's pleading standard governs breach of fiduciary duty claims under ERISA.

2. 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.

Question Presented (AI Summary)

Whether Twombly's pleading standard governs breach of fiduciary duty claims under ERISA

Docket Entries

2020-03-30
Petition DENIED.
2020-03-26
Supplemental brief of petitioners University of Pennsylvania, Investment Committee, and Jack Heuer filed. (Distributed)
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-10
Reply of petitioners University of Pennsylvania, Investment Committee, and Jack Heuer filed. (Distributed)
2020-02-26
Brief of respondents Jennifer Sweda, et al. in opposition filed.
2020-01-27
Response Requested. (Due February 26, 2020)
2020-01-17
Brief amici curiae of The Chamber of Commerce of the United States of America and The American Benefits Council filed. (Distributed)
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-15
Brief amicus curiae of Teachers Insurance and Annuity Association of America filed. (Distributed)
2019-12-26
Waiver of right of respondents Jennifer Sweda, et al. to respond filed.
2019-12-16
Petition for a writ of certiorari filed. (Response due January 17, 2020)
2019-11-05
Application (19A331) granted by Justice Alito extending the time to file until December 16, 2019.
2019-11-01
Application (19A331) to extend further the time from November 16, 2019 to December 16, 2019, submitted to Justice Alito.
2019-09-25
Application (19A331) granted by Justice Alito extending the time to file until November 16, 2019.
2019-09-23
Application (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.

Attorneys

Jennifer Sweda, et al.
Jerome J. SchlichterSchlichter, Bogard & Denton, LLP, Respondent
Teachers Insurance and Annuity Association of America
Paul Reinherz Quitman WolfsonWilmer Cutler Pickering Hale and Dorr, LLP, Amicus
The Chamber of Commerce of the United States of America and The American Benefits Council
Jaime Ann SantosGoodwin Procter LLP, Amicus
University of Pennsylvania, Investment Committee, and Jack Heuer
David B. SalmonsMorgan, Lewis & Bockius LLP, Petitioner