Tibble v. Edison International

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-550 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Notwithstanding the ongoing nature of ERISA's fiduciary duties, whether the statute of limitations under 29 U.S.C. §1113(1) immunizes 401(k) plan fiduciaries for retaining imprudent investments that continue to cause the plan losses if the funds were first included in the plan more than six years ago; and (2) whether Firestone Tire & Rubber Co. v. Bruch deference applies to fiduciary breach actions under 29 U.S.C. §1132(a)(2), where the fiduciary allegedly violated the terms of the governing plan document in a manner that favors the financial interests of the plan sponsor at the expense of plan participants.

DateProceedings and Orders
Oct 30 2013Petition for a writ of certiorari filed. (Response due December 2, 2013)
Nov 15 2013Waiver of right of respondents Edison International, et al. to respond filed.
Nov 26 2013DISTRIBUTED for Conference of December 13, 2013.
Dec 9 2013Response Requested . (Due January 8, 2014)
Dec 12 2013Order extending time to file response to petition to and including February 7, 2014.
Feb 7 2014Brief of respondents Edison International, et al. in opposition filed.
Feb 21 2014Reply of petitioners Glenn Tibble, et al. filed.
Feb 26 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 3 2014Supplemental brief of petitioners Glenn Tibble, et al. filed. (Distributed)
Mar 20 2014Letter of March 20, 2014, from counsel for respondents received. (Distributed)
Mar 24 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Term Snapshot