Fifth Third Bancorp v. Dudenhoeffer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that allegations in a complaint must rest on a plausible legal theory to survive a motion to dismiss for failure to state a claim
• noting that \[t]he complaint alleges that ... the fiduciaries knew or should have known that Fifth Third's stock was overvalued or excessively risky\
• noting Congress’s “goal of encouraging employee ownership of the company’s stock”
• ERISA \protect[s] and strengthen[s] the rights of employees\ and \encourage[s] the development of private retirement plans.\
• ERISA “protect[s] and strengthen[s] the rights of employees” and “encourage[s] the development of private retirement plans.”
• “[F]ail[ure] to outsmart a presumptively efficient market . . . [is] not a sound basis for imposing liability.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).