No. 20-866

Francesca Allen, et al. v. Wells Fargo & Company, et al.

Lower Court: Eighth Circuit
Docketed: 2020-12-30
Status: Denied
Type: Paid
Relisted (4) Experienced Counsel
Tags: duty-of-loyalty duty-of-prudence employee-stock-ownership-plan erisa fiduciary-duty fifth-third-v-dudenhoeffer insider-trading prudence-standard securities-law securities-laws stock-ownership
Key Terms:
Arbitration ERISA Securities JusticiabilityDoctri
Latest Conference: 2021-04-30 (distributed 4 times)
Question Presented (from Petition)

1. Whether, under Dudenhoeffer, ESOP fiduciaries are effectively immune from duty-of-prudence liability for the failure to publicly disclose inside information.

2. Whether Dudenhoeffer's framework extends beyond prudence-based claims and applies to duty-of-loyalty claims against ESOP fiduciaries.

Question Presented (AI Summary)

Whether ESOP fiduciaries are effectively immune from duty-of-prudence liability for failure to publicly disclose inside information

Docket Entries

2021-05-03
Petition DENIED.
2021-04-26
DISTRIBUTED for Conference of 4/30/2021.
2021-04-19
DISTRIBUTED for Conference of 4/23/2021.
2021-04-12
DISTRIBUTED for Conference of 4/16/2021.
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-15
Reply of petitioners Francesca Allen, et al. filed. (Distributed)
2021-03-01
Brief of respondents Wells Fargo & Company, et al. in opposition filed.
2021-01-08
Motion to extend the time to file a response is granted and the time is extended to and including March 1, 2021.
2021-01-07
Motion to extend the time to file a response from January 29, 2021 to March 1, 2021, submitted to The Clerk.
2020-12-23
Petition for a writ of certiorari filed. (Response due January 29, 2021)

Attorneys

Francesca Allen, et al.
Matthew W.H. WesslerGupta Wessler PLLC, Petitioner
Wells Fargo & Company, et al.
Russell Laurence HirschhornProskauer Rose LLP, Respondent