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.
SCOTUSblog Coverage
- Opinion analysis: Justices confirm continuing duty for ERISA trustees to monitor investments (Ronald Mann, May 19, 2015)
- Argument analysis: Employer all but concedes in dispute about ERISA monitoring (Ronald Mann, February 26, 2015)
- Not much of a dispute in ERISA case about duty to monitor (Ronald Mann, February 17, 2015)
- U.S. urges review of investment cases (Lyle Denniston, September 17, 2014)
- Petition of the day (Maureen Johnston, September 5, 2014)
| Date | Proceedings and Orders |
|---|---|
| 10/30/2013 | Petition for a writ of certiorari filed. (Response due December 2, 2013) |
| 11/15/2013 | Waiver of right of respondents Edison International, et al. to respond filed. |
| 11/26/2013 | DISTRIBUTED for Conference of December 13, 2013. |
| 12/09/2013 | Response Requested . (Due January 8, 2014) |
| 12/12/2013 | Order extending time to file response to petition to and including February 7, 2014. |
| 02/07/2014 | Brief of respondents Edison International, et al. in opposition filed. |
| 02/21/2014 | Reply of petitioners Glenn Tibble, et al. filed. |
| 02/26/2014 | DISTRIBUTED for Conference of March 21, 2014. |
| 03/03/2014 | Supplemental brief of petitioners Glenn Tibble, et al. filed. (Distributed) |
| 03/20/2014 | Letter of March 20, 2014, from counsel for respondents received. (Distributed) |
| 03/24/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 08/15/2014 | Letter of August 15, 2014, from counsel for respondents received. |
| 08/19/2014 | Brief amicus curiae of United States filed. |
| 09/03/2014 | Supplemental brief of respondents Edison International, et al. filed. |
| 09/10/2014 | DISTRIBUTED for Conference of September 29, 2014. |
| 10/02/2014 | 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. |
| 10/30/2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 2, 2014. |
| 10/30/2014 | The time to file respondents' brief on the merits is extended to and including January 16, 2015. |
| 10/30/2014 | Petitioners' will file their reply brief on the merits on or before February 13, 2015. |
| 11/06/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 11/24/2014 | Consent to the filing of amicus curiae briefs, in support of either or of neither party, received from counsel for the respondents. |
| 12/02/2014 | Joint appendix filed. (Statement of costs filed) |
| 12/02/2014 | Brief of petitioners Glenn Tibble, et al. filed. |
| 12/09/2014 | Brief amicus curiae of United States filed. |
| 12/09/2014 | Brief amicus curiae of Cambridge Fiduciary Services LLC filed. |
| 12/09/2014 | Brief amici curiae of Law Professors filed. |
| 12/09/2014 | Brief amicus curiae of Pension Rights Center filed. |
| 12/09/2014 | Brief amicus curiae of AARP filed. |
| 12/22/2014 | SET FOR ARGUMENT ON Tuesday, February 24, 2015 |
| 12/22/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 12/22/2014 | Record requested from U.S.C.A. 9th Circuit. |
| 12/22/2014 | Record from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 01/07/2015 | CIRCULATED. |
| 01/08/2015 | 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. |
| 01/16/2015 | Brief of respondents Edison International, et al. filed. (Distributed) |
| 01/23/2015 | Brief amicus curiae of The ESOP Association filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of National Association of Manufacturers, et al. filed. (Distributed) |
| 01/23/2015 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed) |
| 01/23/2015 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed) |
| 01/26/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/13/2015 | Reply of petitioners Glenn Tibble, et al. filed. (Distributed) |
| 02/19/2015 | Letter from counsel for the respondents filed. |
| 02/24/2015 | 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. |
| 05/18/2015 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| 06/19/2015 | JUDGMENT ISSUED. |