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
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
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
Today, September 24, 2013, the oral arguments in the appeal of Tussey v. ABB, Inc. were heard in the 8th Circuit Court of Appeals. Because they were heard in downtown St. Louis, where I am based, I attended. The Panel The judges that heard the oral arguments and will decide the case are: Hon. William … Continue reading 8th Circuit Oral Arguments Heard in Tussey v. ABB, Inc.
The roller coaster of who is and isn’t a fiduciary under ERISA section 3(21)(A) continues its seemingly out of control ride. Today, August 9, 2013, a district court in Connecticut ruled ING Life Ins. and Annuity Co. (“ILIAC”) a fiduciary related to its revenue sharing practices and scheduled a four week trial to begin anytime … Continue reading The Roller Coaster Continues: Court Finds ING a Fiduciary Over Revenue Sharing Practices. Schedules Trial for September.