High Court Should Review 2nd Circuit’s Ruling On Duty-Of-Prudence Claim

(March 13, 2019, 5:30 PM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court should grant review of the Second Circuit U.S. Court of  Appeals’ decision that IBM employees plausibly asserted a duty-of-prudence claim against the fiduciaries of an IBM employee stock option plan (ESOP) under the Employee Retirement Income Security Act because the decision creates a conflict with the decisions of other courts of appeals and undermines a 2014 decision issued by the high court, the defendants contend in a March 4 petition for writ of certiorari (Larry W. Jander, et al. v. Retirement Plans Committee of IBM, et al., No. 18-1165, U.S. Sup.)....

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