Supreme Court of the United States
Ret. Plans Comm. of IBM v. Jander
Panel
The judges who heard this appeal.
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Case history
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Opinions and writings
Per Curiam. *594In Fifth Third Bancorp v. Dudenhoeffer , 573 U.S. 409, 134 S.Ct. 2459,…
Justice GORSUCH, concurring. The gist of respondents' sole surviving claim is that certain ERISA fiduciaries should have used their positions as corporate insiders to cause the company to make an SEC-regulated disclosure. But merely stating the theory suggests a likely flaw: In ordering up a special disclosure, the defendants necessarily would be acting in their capacities as corporate officers, not ERISA fiduciaries…