Tag Archives: Supreme Court

U.S. Supreme Court grants writ of certiorari on Railroad Retirement Tax Act issue

  The U.S. Supreme Court is poised to resolve a split between the Seventh and Eighth Circuits related to a federal program that is a well-kept secret. Nothing as intriguing as Russian spies or hacked emails… but, I think, interesting nonetheless. Of course, you have heard about the Social Security system. And you probably know … Continue Reading

Additional Thoughts About the U.S. Supreme Court’s Hobby Lobby Decision

For employers, the Hobby Lobby decision of the U.S. Supreme Court makes no attempt to define the scope and meaning of the term “closely held” corporation.  The majority opinion stated that “the cases before us are closely held corporations, owned and controlled by members of a single family”.  Is this ruling supposed to be limited … Continue Reading

The Silver Lining in Fifth Third Bancorp v. Dudenhoeffer?

The U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer eliminates an ESOP fiduciary’s presumption of prudence in relation to the holding employer securities.  Many have viewed this decision with horror.  However, my perspective is that the “revised” pleading standards articulated by the court will actually be a significant silver lining for ESOP fiduciaries. … Continue Reading