Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
1. Whether Twombly’s pleading standard governs breach of fiduciary duty claims under ERISA.
2. Whether a complaint states a plausible claim for breach of fiduciary duty under ERISA if it alleges that a retirement plan’s investment options charged excessive fees and underperformed, but does not allege any fiduciary conduct inconsistent with lawful management of the plan.
Case Updates
Cert. denied
March 30, 2020
U.S. Chamber files amicus brief urging Supreme Court to review Third Circuit decision that limits Twombly to antitrust claims and creates a lax pleading standard for ERISA cases
January 17, 2020
Click here to view the Chamber’s amicus brief. Jaime A. Santos and Brian T. Burgess of Goodwin Procter LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Previously, the Chamber filed two amicus briefs in this case, first on the merits and then in support of the rehearing petition in the Third Circuit.
Case Documents
- Cert. Petition -- University of Pennsylvania v. Sweda (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief-- University of Pennsylvania v. Sweda (U.S. Supreme Court).pdf