Hughes v. Northwestern University

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1401	7th Cir.	Dec 6, 2021	Jan 24, 2022	8-0	Sotomayor	OT 2021

Holding: Determining whether plan participants state plausible claims against plan fiduciaries for violations of the Employee Retirement Income Security Act"s duty of prudence requires a context-specific inquiry of the fiduciaries" continuing duty to monitor investments and to remove imprudent ones as articulated in Tibble v. Edison International, 575 U.S. 523; the U.S. Court of Appeals for the 7th Circuit erred in relying on the participants" ultimate choice over their investments to excuse allegedly imprudent decisions by respondents.

Judgment: Vacated and Remanded, 8-0, in an opinion by Justice Sotomayor on January 24, 2022. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

Court reaffirms duties of retirement-plan sponsors to monitor and update plan options (Ronald Mann, January 24, 2022)
Justices settle into opposing camps on duties of retirement-plan sponsors (Ronald Mann, December 7, 2021)
Justices to consider obligation of retirement-plan sponsors to pare investment options (Ronald Mann, December 3, 2021)
Major abortion case set for argument on Dec. 1 (Amy Howe, September 20, 2021)
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Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
Justices issue new orders from last weeks conference; Thomas criticizes same-sex marriage ruling (Amy Howe, October 5, 2020)
Petitions of the week: Political donations, gun rights, the emoluments clause and more (Andrew Hamm, July 23, 2020)

Date	Proceedings and Orders (key to color coding)
06/19/2020	Petition for a writ of certiorari filed. (Response due July 23, 2020)
07/13/2020	Motion to extend the time to file a response from July 23, 2020 to August 24, 2020, submitted to The Clerk.
07/14/2020	Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
08/24/2020	Brief of respondents Northwestern University, et al. in opposition filed.
09/09/2020	DISTRIBUTED for Conference of 9/29/2020.
09/09/2020	Reply of petitioners April Hughes, et al. filed. (Distributed)
10/05/2020	The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/25/2021	Brief amicus curiae of United States filed.
06/08/2021	DISTRIBUTED for Conference of 6/24/2021.
06/08/2021	Supplemental brief of respondents Northwestern University, et al. filed. (Distributed)
06/10/2021	Supplemental brief of petitioners April Hughes, et al. filed. (Distributed)
07/01/2021	DISTRIBUTED for Conference of 7/1/2021.
07/02/2021	Petition GRANTED. Justice Barrett took no part in the consideration or decision of this petition.
07/22/2021	Motion for an extension of time to file the briefs on the merits filed.
07/28/2021	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 21, 2021.
08/02/2021	Blanket Consent filed by Petitioner, April Hughes, et al.
09/03/2021	Brief of petitioners April Hughes, et al. filed.
09/03/2021	Joint appendix filed. (Statement of costs filed)
09/08/2021	Blanket Consent filed by Respondent, Northwestern University, et al.
09/09/2021	Brief amicus curiae of American Association for Justice filed.
09/10/2021	Brief amici curiae of Investment Law Scholars filed.
09/10/2021	Brief amicus curiae of United States filed.
09/10/2021	Brief amicus curiae of Service Employees International Union filed.
09/10/2021	Brief amicus curiae of Samuel Halpern filed.
09/10/2021	Brief amici curiae of AARP, et al. filed.
09/20/2021	SET FOR ARGUMENT on Monday, December 6, 2021.
09/27/2021	Record requested from the U.S.C.A. 7th Circuit.
09/27/2021	Record received from the U.S.C.A. 7th Circuit is electronic and located on Pacer. Also received 1 Sealed document which is electronically filed.
10/01/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
10/21/2021	Brief of respondents Northwestern University, et al. filed.
10/27/2021	Brief amicus curiae of Euclid Fiduciary filed. (Distributed)
10/28/2021	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
10/28/2021	Brief amicus curiae of Investment Company Institute filed. (Distributed)
10/28/2021	Brief amici curiae of American Council on Education and 17 Other Higher Education Organizations filed. (Distributed)
10/28/2021	Brief amicus curiae of Committee on Investment of Employee Benefit Assets filed. (Distributed)
10/28/2021	Brief amicus curiae of Teachers Insurance and Annuity Association of America filed. (Distributed)
10/28/2021	Brief amicus curiae of American Benefits Council filed. (Distributed)
10/29/2021	CIRCULATED
11/08/2021	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, and 35 minutes for respondents. Justice Barrett took no part in the consideration or decision of this motion.
11/19/2021	Reply of petitioners April Hughes, et al. filed. (Distributed)
12/06/2021	Argued. For petitioners: David C. Frederick, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Gregory G. Garre, Washington, D. C.
01/24/2022	Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Barrett, J., took no part in the consideration or decision of this case.
02/25/2022	JUDGMENT ISSUED.