TIBBLE v. EDISON INTERN.

Nos. 10-56406, 10-56415.

711 F.3d 1061 (2013)

Glenn TIBBLE; William Bauer; William Izral; Henry Runowiecki; Frederick Suhadolc; Hugh Tinman, Jr., as representatives of a class of similarly situated persons, and on behalf of the Plan, Plaintiffs-Appellants, v. EDISON INTERNATIONAL; the Edison International Benefits Committee, fka The Southern California Edison Benefits Committee; Edison International Trust Investment Committee; Secretary of the Edison International Benefits Committee; Southern California Edison's Vice President of Human Resources; Manager of Southern California Edison's HR Service Center, Defendants-Appellees. Glenn Tibble; William Bauer; William Izral; Henry Runowiecki; Frederick Suhadolc; Hugh Tinman, Jr., as representatives of a class of similarly situated persons, and on behalf of the Plan, Plaintiffs-Appellees, v. Edison International; The Southern California Edison Benefits Committee, incorrectly named The Edison International Benefits Committee; Edison International Trust Investment Committee; Secretary of the Southern California Edison Company Benefits Committee, incorrectly named Secretary of the Edison International Benefits Committee; Southern California Edison's Vice President of Human Resources; Manager of Southern California Edison's HR Service Center, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2013.


Attorney(s) appearing for the Case

Michael A. Wolff (argued), Jerome J. Schlichter , Nelson G. Wolff , and Jason P. Kelly , Schlichter, Bogard & Denton, LLP, St. Louis, MO, for Plaintiffs-Appellants.

Jonathan D. Hacker (argued), Walter Dellinger , Robert N. Eccles , and Gary S. Tell , O'Melveny & Myers LLP, Washington, D.C.; Matthew Eastus and China Rosas , O'Melveny & Myers LLP, Los Angeles, CA, for Defendants-Appellees/Cross-Appellants.

Elizabeth Hopkins (argued), Stacey E. Elias , M. Patricia Smith , and Timothy D. Hauser , United States Department of Labor, Washington, D.C., for amicus curiae Secretary of Labor.

Jay E. Sushelsky and Melvin Radowitz , AARP Foundation Litigation, Washington, D.C., for amicus curiae AARP.

Nicole A. Diller , Alison B. Willard , and Abbey M. Glenn , Morgan, Lewis & Bockius LLP, San Francisco, CA, for amicus curiae California Employment Law Council.

Thomas L. Cubbage III , and S. Michael Chittenden , Covington & Burling LLP, Washington, D.C., for amicus curiae Investment Company Institute.

Before: ALFRED T. GOODWIN, and DIARMUID F. O'SCANNLAIN, Circuit Judges, and JACK ZOUHARY, District Judge.


OPINION

O'SCANNLAIN, Circuit Judge:

Current and former beneficiaries sued their employer's benefit plan administrator under the Employee Retirement Income Security Act charging that their pension plan had been managed imprudently and in a self-interested fashion. We must decide, among other issues, whether the Act's limitations period or its safe harbor provision are obstacles to their suit.

I

A

Edison International is a holding...

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