|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.|
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