Tibble v. Edison Int’l (U.S. Supreme Court)

Claims alleging breach of fiduciary duty under ERISA must be brought within six years.  This case concerns whether a fiduciary-breach claim may be brought after six years, based on the fiduciary’s supposed duty to monitor a decision previously made.  Our amicus brief, filed on behalf of the ESOP Association, contends that a claim for breach of the duty to monitor is not time-barred, but that only a claim for failed monitoring—and not a failure of original decisionmaking—should be permitted.