Appeals court sends 401(k) fee case Tibble vs. Edison back to District Court to be reheard

The opinion vacated the Los Angeles District Court's ruling that the case could not proceed because of a statute of limitations on three of six funds in question.
DEC 19, 2016
The 9th U.S. Circuit Court of Appeals in San Francisco on Friday ordered a U.S. District Court to rehear the Tibble vs. Edison International excessive 401(k) fee case, which centered on the choice of retail vs. institutional investment products. (More: Attorney Jerry Schlichter opens up about 403(b), 401(k) suits) The opinion written by Judge Milan D. Smith Jr. vacated the Los Angeles District Court's ruling that the case could not proceed because of a statute of limitations on three of six funds in question. “Regardless of whether there was a significant change in circumstances, Edison should have switched from retail-class fund shares to institutional-class fund shares to fulfill its continuing duty to monitor the appropriateness of the trust investments … a trustee cannot ignore the power the trust wields to obtain favorable investment products, particularly when those products are substantially identical — other than their lower cost — to products the trustee has already selected.” “We also encourage the District Court to re-evaluate its fee determination in light of the Supreme Court's decision and this court's en banc decision,” Mr. Smith wrote. (More: Supreme Court decision in 401(k) case may have profound effect on fiduciary debate) The 9th Circuit had previously affirmed the District Court's ruling for Edison, which led to the 2015 U.S. Supreme Court ruling in its first 401(k) case alleging excessive fees that trustees have an ongoing duty to monitor plan investments. In April, a three-judge panel for the 9th Circuit ruled in favor of Edison International, but on Aug. 5, the appeals court agreed to the en banc rehearing resulting in the latest order. Hazel Bradford is a reporter with InvestmentNews' sister publication, Pensions & Investments.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave