This alert examines the Supreme Court’s June 25, 2014 ruling in Fifth Third Bancorp. The Court held that ESOP fiduciaries are not entitled to a "presumption of prudence" in connection with investments in company stock holdings, but made clear that  Fed. R. Civ. P. 12(b)(6) continues to serve as a powerful tool for defendants to dispose of meritless ERISA claims challenging plan investments.