Decided

No. 13-550

Glenn Tibble, et al. v. Edison International, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.

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.

Letter from counsel for the respondents filed.

Reply of petitioners Glenn Tibble, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Brief amici curiae of National Association of Manufacturers, et al. filed. (Distributed)

Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)

Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)

Brief amicus curiae of The ESOP Association filed. (Distributed)

Brief of respondents Edison International, et al. filed. (Distributed)

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.

CIRCULATED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Record from U.S.C.A. 9th Circuit is electronic and located on PACER.

Record requested from U.S.C.A. 9th Circuit.

SET FOR ARGUMENT ON Tuesday, February 24, 2015

Brief amicus curiae of United States filed.

Brief amicus curiae of AARP filed.

Brief amicus curiae of Pension Rights Center filed.

Brief amici curiae of Law Professors filed.

Brief amicus curiae of Cambridge Fiduciary Services LLC filed.

Brief of petitioners Glenn Tibble, et al. filed.

Joint appendix filed. (Statement of costs filed)

Consent to the filing of amicus curiae briefs, in support of either or of neither party, received from counsel for the respondents.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

Petitioners' will file their reply brief on the merits on or before February 13, 2015.

The time to file respondents' brief on the merits is extended to and including January 16, 2015.

The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 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." .

DISTRIBUTED for Conference of September 29, 2014.

Supplemental brief of respondents Edison International, et al. filed.

Brief amicus curiae of United States filed.

Letter of August 15, 2014, from counsel for respondents received.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Letter of March 20, 2014, from counsel for respondents received. (Distributed)

Supplemental brief of petitioners Glenn Tibble, et al. filed. (Distributed)

DISTRIBUTED for Conference of March 21, 2014.

Reply of petitioners Glenn Tibble, et al. filed.

Brief of respondents Edison International, et al. in opposition filed.

Order extending time to file response to petition to and including February 7, 2014.

Response Requested . (Due January 8, 2014)

DISTRIBUTED for Conference of December 13, 2013.

Waiver of right of respondents Edison International, et al. to respond filed.

Petition for a writ of certiorari filed. (Response due December 2, 2013)

Parties

Glenn Tibble, et al., Petitioner, represented by Jerome J. Schlichter

Glenn Tibble, et al., Petitioner, represented by David C. Frederick

Edison International, et al., Respondent, represented by Jonathan D. Hacker

Amici Curiae

AARP, Amicus Curiae, represented by Jay E. Sushelsky

Cambridge Fiduciary Services LLC, Amicus Curiae, represented by Brian Glasser

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by Scott Burnett Smith

Law Professors, Amicus Curiae, represented by Lynn Lincoln Sarko

National Association of Manufacturers, et al., Amicus Curiae, represented by Mark A. Perry

Pension Rights Center, Amicus Curiae, represented by Karen L Handorf

Securities Industry and Financial Markets Association, Amicus Curiae, represented by Abigail K. Hemani

The ESOP Association, Amicus Curiae, represented by Brian David Netter

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States, Amicus Curiae, represented by Nicole A. Saharsky

 
Last updated: February 16, 2016