HOME  |  CONTACT US  |  SUBSCRIBE  |  SUPPORT WLF

Case Detail


Amgen, Inc. v. Harris
On January 25, 2016, the U.S. Supreme Court issued a unanimous, four-page opinion summarily reversing the U.S. Court of Appeals for the Ninth Circuit’s deeply flawed decision in a case brought under the Employee Retirement Income Security Act (ERISA). The Court held that the appeals court applied the wrong pleading standard and thus “failed to properly evaluate the complaint.” The ruling marked a victory for WLF, which filed a brief in the case arguing that the Ninth Circuit misconstrued the new heightened ERISA pleading standard announced by the Supreme Court in Fifth Third Bancorp v. Dudenhoeffer in 2014. The Supreme Court—which had remanded the Amgen case to the Ninth Circuit for reconsideration in the wake of the Fifth Third ruling—agreed. As WLF’s brief pointed out, an allegation that a prudent fiduciary might have reached a contrary conclusion from petitioners is legally insufficient to state a claim.
Case Status:
Victory.
More Information and Downloads:
10/5/2015: Download the Brief
Press Release: WLF Asks High Court to Save Employee Stock Ownership Plans from Ninth Circuit’s Flawed Liability Standard
Press Release: In Victory for WLF, Supreme Court Summarily Reverses Ninth Circuit’s Flawed Liability Standard for ERISA Fiduciaries
  • Welcome to the Washington Legal Foundation
  • 2009 Massachusetts Ave., NW
    Washington, DC 20036
  • info@wlf.org  |  ph. 202-588-0302
    ©2017 WLF All Rights Reserved