Benchlight The federal appellate judiciary

This writing

Type
Concurrence
Filed
Jan. 14, 2020
Case
Ret. Plans Comm. of IBM v. Jander
Case status
Decided

Source No authoring judge could be established for this writing, either from provider metadata or from the signature line of the court's published opinion. Benchlight shows the gap rather than guessing at an author.

Opening text

The first passage of the document, as extracted by the source provider.

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. Run-of-th…

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Other writings in this case

TypeAuthorFiled
Lead opinion Not attributed Jan. 14, 2020