Tussey v. ABB, Inc.

Case Highlights

Status of the Case:

  • Judgment was entered largely in favor of the Plaintiff plan participant for about $37 million on March 31, 2012.
  • ABB and Fidelity have appealed to the 8th Circuit. Their appeal briefs have been filed.
  • Plaintiffs filed their brief, which is available below.
  • Numerous parties have filed amicus briefs in support of both parties. They are available below.
  • On March 19, 2014, the 8th Circuit issued its opinion affirming, vacating, and reversing the district court decision (see below)
  • On April 16, the plaintiffs and ABB filed separate petitions for rehearing en banc to the 8th Circuit.
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  • Excessive Fees
  • Float
  • Imprudent Investments
  • Institutional Share Classes
  • Investment Policy Statements
  • Self-Dealing


Key Defendants:

  • ABB, Inc.
  • Fidelity Management Trust Co.
  • Fidelity Management & Research Co.

Significant Filings:





  • 8th Circuit Court of Appeals
    • Case No. 12-2056
    • Case No. 12-2060
  • Western District of Missouri
    • Case No. 06-4305


  • District Judge Nanette K. Laughrey


  • ABB, Inc.
  • John W. Cutler, Jr.
  • Pension Review Committee of ABB, Inc.
  • Pension and Thrift Management Group of ABB, Inc.
  • Employee Benefits Committee of ABB, Inc.
  • Fidelity Management Trust Co.
  • Fidelity Management & Research Co.

Attorneys – Plaintiffs:

  • Schlichter Bogard & Denton, LLP

Attorneys – Defendants:

  • Bryan Cave, LLP
  • Goodwin Procter, LLP
  • Lathrop & Gage, LLP
  • Morgan Lewis & Bockius, LLP
  • O’Melveny & Myers, LLP

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