On December 13, the Supreme Court granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751, to clarify whether plaintiffs asserting class action ERISA claims against ESOP fiduciaries, challenging plan investments in employer securities following a drop in the employer’s stock price, must overcome a “presumption of prudence” in order to survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6).