On Friday, December 13, the Supreme Court granted cert in Fifth Third Bancorp v. Dudenhoeffer. We previously discussed the cert petition a few weeks ago when the Department of Labor filed an amicus brief in support of the plaintiffs and against the so called “Moench Presumption.”
What happens next is that the parties will file new briefs and then oral arguments will be scheduled. Those who track the Supreme Court are predicting March for the arguments.
We will continue to update the case’s progress here on the blog.