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Tibble v. Edison International

Docket No.13-550
Op. Below9th Cir.
ArgumentFeb 24, 2015

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 Stephen G. Breyer on May 18, 2015.

Proceedings & orders timeline

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.
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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