Fifth Third Bancorp v. Dudenhoeffer

Fifth Third Bancorp v. Dudenhoeffer
Supreme Court of the United States
Argued 2 April, 2014 Decided 25 June, 2014
Full case name	Fifth Third Bancorp v. Dudenhoeffer
Docket no.	12-751
Citations	573 U.S. 409 (more) 134 S. Ct. 2459; 189 L. Ed. 2d 457
Holding
There is no statutory basis for a 'presumption of prudence' test under ERISA. ESOP fiduciaries share the same duty of care as non-ESOP fiduciaries.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan
Case opinion
Majority	Breyer, joined by unanimous
Laws applied
Employee Retirement Income Security Act of 1974

Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), was a United States Supreme Court case in which the court found Employee stockownership (ESOP) fiduciaries have the same prudential duties as non-ESOP fiduciaries, as set by ERISA, except that they are not required to diversify their investments beyond shares of the employer's stock.^[1][2]