QUESTION PRESENTED:

1. Whether the Sixth Circuit erred by holding that Respondents were not required to plausibly allege in their complaint that the fiduciaries of an employee stock ownership plan ("ESOP") abused their discretion by remaining invested in employer stock, in order to overcome the presumption that their decision to invest in employer stock was reasonable, as required by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1101, et seq. ("ERISA"), and every other circuit to address the issue.

2. Whether the Sixth Circuit erred by refusing to follow precedent of this Court (and the holdings of every other circuit to address the issue) by holding that filings with the Securities and Exchange Commission ("SEC") become actionable ERISA fiduciary communications merely by virtue of their incorporation by reference into plan documents.

Merit Briefs

• Brief for Petitioner, Fifth Third Bancorp, et al
• Brief for Respondents, John Dudenhoeffer, et al
• Reply Brief for Petitioners, Fifth Third Bancorp, et al.

Amicus Briefs

• Brief for Chamber of Commerce of the United States of America, the ERISA Industry Committee, the American Benefits Council, the Plan Sponsor Council of America, and the National Association of Manufacturers, in Support of Petitioners
• Brief for Delta Air Lines, Inc., in Support of Petitioners
• Brief for the ESOP Association in Support of Petitioners
• Brief for Keycorp in Support of Petitioners
• Brief for Securities Industry and Financial Markets Association in Support of Petitioners
• Brief for AARP in Support of Respondents
• Brief for the American Federation of Labor and Congress of Industrial Organizations in Support of Respondents
• Brief for Law Professors in Support of Respondents
• Brief for United States in Support of Respondents