Additional Thoughts on the Latest Tussey v. ABB Decision: Fiduciary Lessons Aplenty

As we covered in our last post, the district court’s latest decision in Tussey v. ABB found ABB breached their fiduciary duties but imposed no monetary damages on a procedural technicality. The moral victory for the plaintiffs, however, can still prove to be instructive for other fiduciaries responsible for the selection and monitoring of plan … Continue reading Additional Thoughts on the Latest Tussey v. ABB Decision: Fiduciary Lessons Aplenty

On Remand, Tussey v. ABB Defendants Found to Breach ERISA but Win on Procedural Technicality

Yesterday, July 9, 2015, the district court in Tussey v. ABB ruled on the issues remanded from the 8th Circuit’s mixed decision last year. While the court found the ABB defendants breached their ERISA fiduciary duties, the court ultimately held the ABB defendants victorious because the plaintiffs failed to provide damages calculations consistent with the 8th … Continue reading On Remand, Tussey v. ABB Defendants Found to Breach ERISA but Win on Procedural Technicality

Supreme Court Declines to Hear Appeal of Tussey v. ABB

Yesterday, November 10, 2014, the Supreme Court published an order declining to hear the appeal of the 8th Circuit decision in Tussey v. ABB from earlier this year. (see Tussey v. ABB Affirmed, Reversed, and Vacated in Part by 8th Circuit). The Supreme Court does not provide a reason why they decline to hear appeals. … Continue reading Supreme Court Declines to Hear Appeal of Tussey v. ABB

8th Circuit Denies Both Rehearing Petitions in Tussey v. ABB – Next Up is the Supreme Court

On Tuesday, May 20, 2014, the 8th Circuit Court of Appeals denied both the plaintiffs’ and ABB’s petitions for rehearing in Tussey v. ABB, Inc. Without explanation, both the original panel of three judges and the court en banc, meaning all active judges of the 8th Circuit, declined to rehear the case. As we previously laid … Continue reading 8th Circuit Denies Both Rehearing Petitions in Tussey v. ABB – Next Up is the Supreme Court

Tussey v. ABB Affirmed, Reversed, and Vacated in Part by 8th Circuit

by Thomas E. Clark Jr., JD LLM – March 19, 2014 Today, March 19, 2014, the 8th Circuit Court of Appeals affirmed, reverse, and vacated the trial court’s decision in Tussey v. ABB. The decision is effectively a mixed bag for plan sponsors, participants, and service providers. In summary: (1) The plaintiffs won the issue of … Continue reading Tussey v. ABB Affirmed, Reversed, and Vacated in Part by 8th Circuit