In a $50 million ERISA suit against RJ Reynolds Tobacco, the Fourth Circuit ruled in the favor of the plaintiffs regarding the necessary showing for a breach of fiduciary duty. RJ Reynolds retained Paul Clement, the former Solicitor General of the George W. Bush administration, to seek certiorari, and the Supreme Court subsequently called for the views of the Solicitor General on whether the case should be heard. The plaintiffs’ law firm retained Stris & Maher to meet with the Government and oppose the petition. On May 29, 2015, the Solicitor General urged the Supreme Court not to grant certiorari.
Coverage linked above:
SG Urges High Court To Nix RJ Reynolds ERISA Appeal (Law360, May 29, 2015)
High Court Wants SG’s Take On RJ Reynolds ERISA Suit (Law360, March 9, 2015)