|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-550||9th Cir.||Feb 24, 2015||May 18, 2015||9-0||Breyer||OT 2014|
Holding: Because a fiduciary normally has a continuing duty to monitor investments and remove imprudent ones, a plaintiff may allege that a fiduciary breached a duty of prudence by failing to properly monitor investments and remove imprudent ones. Such a claim is timely as long it is filed within six years of the alleged breach of continuing duty.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on May 18, 2015.
|Date||Proceedings and Orders |
|Oct 30 2013||Petition for a writ of certiorari filed. (Response due December 2, 2013)|
|Nov 15 2013||Waiver of right of respondents Edison International, et al. to respond filed.|
|Nov 26 2013||DISTRIBUTED for Conference of December 13, 2013.|
|Dec 9 2013||Response Requested . (Due January 8, 2014)|
|Dec 12 2013||Order extending time to file response to petition to and including February 7, 2014.|
|Feb 7 2014||Brief of respondents Edison International, et al. in opposition filed.|
|Feb 21 2014||Reply of petitioners Glenn Tibble, et al. filed.|
|Feb 26 2014||DISTRIBUTED for Conference of March 21, 2014.|
|Mar 3 2014||Supplemental brief of petitioners Glenn Tibble, et al. filed. (Distributed)|
|Mar 20 2014||Letter of March 20, 2014, from counsel for respondents received. (Distributed)|
|Mar 24 2014||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Aug 15 2014||Letter of August 15, 2014, from counsel for respondents received.|
|Aug 19 2014||Brief amicus curiae of United States filed.|
|Sep 3 2014||Supplemental brief of respondents Edison International, et al. filed.|
|Sep 10 2014||DISTRIBUTED for Conference of September 29, 2014.|
|Oct 2 2014||Petition GRANTED limited to the following question: "Whether a claim that ERISA plan fiduciaries breached their duty of prudence by offering higher-cost retail-class mutual funds to plan participants, even though identical lower-cost institution-class mutual funds were available, is barred by 29 U. S. C. §1113(1) when fiduciaries initially chose the higher-cost mutual funds as plan investments more than six years before the claim was filed." .|
|Oct 30 2014||The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 2, 2014.|
|Oct 30 2014||The time to file respondents' brief on the merits is extended to and including January 16, 2015.|
|Oct 30 2014||Petitioners' will file their reply brief on the merits on or before February 13, 2015.|
|Nov 6 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.|
|Nov 24 2014||Consent to the filing of amicus curiae briefs, in support of either or of neither party, received from counsel for the respondents.|
|Dec 2 2014||Joint appendix filed. (Statement of costs filed)|
|Dec 2 2014||Brief of petitioners Glenn Tibble, et al. filed.|
|Dec 9 2014||Brief amicus curiae of United States filed.|
|Dec 9 2014||Brief amicus curiae of Cambridge Fiduciary Services LLC filed.|
|Dec 9 2014||Brief amici curiae of Law Professors filed.|
|Dec 9 2014||Brief amicus curiae of Pension Rights Center filed.|
|Dec 9 2014||Brief amicus curiae of AARP filed.|
|Dec 22 2014||SET FOR ARGUMENT ON Tuesday, February 24, 2015|
|Dec 22 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Dec 22 2014||Record requested from U.S.C.A. 9th Circuit.|
|Dec 22 2014||Record from U.S.C.A. 9th Circuit is electronic and located on PACER.|
|Jan 7 2015||CIRCULATED.|
|Jan 8 2015||Record received from U.S.D.C. Central Dist. of California Western Division. The record is electronic and located on PACER, also received 1 Envelope of Exhibits.|
|Jan 16 2015||Brief of respondents Edison International, et al. filed. (Distributed)|
|Jan 23 2015||Brief amicus curiae of The ESOP Association filed. (Distributed)|
|Jan 23 2015||Brief amici curiae of National Association of Manufacturers, et al. filed. (Distributed)|
|Jan 23 2015||Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)|
|Jan 23 2015||Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)|
|Jan 26 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Feb 13 2015||Reply of petitioners Glenn Tibble, et al. filed. (Distributed)|
|Feb 19 2015||Letter from counsel for the respondents filed.|
|Feb 24 2015||Argued. For petitioners: David C. Frederick, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jonathan D. Hacker, Washington, D. C.|
|May 18 2015||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.|
|Jun 19 2015||JUDGMENT ISSUED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050