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Tibble v. Edison International

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.

DateProceedings and Orders (key to color coding)
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.
Aug 15 2014Letter of August 15, 2014, from counsel for respondents received.
Aug 19 2014Brief amicus curiae of United States filed.
Sep 3 2014Supplemental brief of respondents Edison International, et al. filed.
Sep 10 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014Petition 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 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 2, 2014.
Oct 30 2014The time to file respondents' brief on the merits is extended to and including January 16, 2015.
Oct 30 2014Petitioners' will file their reply brief on the merits on or before February 13, 2015.
Nov 6 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Nov 24 2014Consent to the filing of amicus curiae briefs, in support of either or of neither party, received from counsel for the respondents.
Dec 2 2014Joint appendix filed. (Statement of costs filed)
Dec 2 2014Brief of petitioners Glenn Tibble, et al. filed.
Dec 9 2014Brief amicus curiae of United States filed.
Dec 9 2014Brief amicus curiae of Cambridge Fiduciary Services LLC filed.
Dec 9 2014Brief amici curiae of Law Professors filed.
Dec 9 2014Brief amicus curiae of Pension Rights Center filed.
Dec 9 2014Brief amicus curiae of AARP filed.
Dec 22 2014SET FOR ARGUMENT ON Tuesday, February 24, 2015
Dec 22 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 22 2014Record requested from U.S.C.A. 9th Circuit.
Dec 22 2014Record from U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 7 2015CIRCULATED.
Jan 8 2015Record 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 2015Brief of respondents Edison International, et al. filed. (Distributed)
Jan 23 2015Brief amicus curiae of The ESOP Association filed. (Distributed)
Jan 23 2015Brief amici curiae of National Association of Manufacturers, et al. filed. (Distributed)
Jan 23 2015Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)
Jan 23 2015Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)
Jan 26 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 13 2015Reply of petitioners Glenn Tibble, et al. filed. (Distributed)
Feb 19 2015Letter from counsel for the respondents filed.
Feb 24 2015Argued. 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 2015Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
Jun 19 2015JUDGMENT ISSUED.