Firm Memoranda

ERISA’s Fiduciary Duty Includes Continuing Duty to Monitor Trust Investments

Date: 05/19/15

On May 18, 2015, in Tibble v. Edison International, the Supreme Court of the United States held that a fiduciary’s duty under the Employee Retirement Income Security Act of 1974 (“ERISA”) includes a continuing obligation to monitor trust investments and remove imprudent investments. In so ruling, the Court held that a plaintiff may timely allege a breach of fiduciary duty for investments originally made outside ERISA’s six-year statute of limitations, provided the breach of the continuing duty to monitor occurred within six years of the lawsuit.

ERISA’s Fiduciary Duty Includes Continuing Duty to Monitor Trust Investments.pdf (pdf | 128.48 KB )