U.S. Court of Appeals for the Fourth Circuit

Case Status


Docket Number



Case Updates

Fourth Circuit denies motion for rehearing en banc

September 02, 2014

U.S. Chamber files amicus brief supporting rehearing en banc

August 25, 2014

In its brief filed with the American Benefits Council, the U.S. Chamber urged the Fourth Circuit to affirm the decision of the district court, which held the Board of Directors did not breach their fiduciary duty because their failure to investigate did not cause any loss to the pension plan. The Chamber argued that the appellant's attempts to invent a new standard of fiduciary responsibility under ERISA should be rejected. The Chamber points out that the appellant's "comparative" or "relative" prudence standard finds no support in the text of ERISA, the legislative history, the regulations under ERISA, or case law under ERISA. Additionally, the Chamber argued that the Appellant's proposed "more likely than not" test is unworkable and fundamentally unfair.

Hollis Hurd of The Benefits Department served as counsel for the amici.

Case decided

August 04, 2014

The court affirmed the district court’s holding that RJR breached its duty of procedural prudence and so carries the burden of proof on causation, but vacated the judgment in favor of RJR.

U.S. Chamber urges court to reject unfair and unworkable standard for determining liability for damages for breach of fiduciary duty under ERISA

August 01, 2013

Click here to view the brief.

Case Documents