RJR Pension Investment Committee v. Tatum

Case Updates

In its brief, the U.S. Chamber urged the U.S. Supreme Court to review a Fourth Circuit decision that split from other circuits and held that under ERISA, defendants must disprove loss causation. The Chamber’s brief argued that the Fourth Circuit created an unworkable standard that, in practice, eliminates the element of loss causation for procedural-prudence claims. It also explained how the decision undermines several clear congressional objectives of ERISA and threatens to halt further percolation.

William M. Jay, James O. Fleckner, Abigail K. Hemani, and Jaime A. Santos of Goodwin Procter LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.