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Text of Brief of Respondents in Fifth Third Bancorp Stock Drop Case (PDF)
John Dudenhoffer and Other Plaintiff-Respondents 
Mar. 4, 2014
"[B]ecause Congress already has specified ERISA's accommodation of the interest of pension plans investing in employer stock, there is no occasion for this Court to erect a judicial superstructure of additional accommodations for those plans.... At bottom, petitioners' argument reduces to the idea that the interests in employee stock ownership justify a bright-line exception from ERISA's fiduciary duties.... The language, structure, and context of ERISA preclude the judicial articulation of any such exception." [Fifth Third Bancorp v. Dudenhoeffer, petition for certiorari filed Dec. 2012; oral argument scheduled for April 2, 2014]
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