Tibble v. Edison International
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER AND AMENDED OPINION
ORDER
I
The opinion filed March 21, 2013, and published at 711 F.3d 1061, is amended as follows:
Beginning on slip opinion page 28 delete the text from <At least one court has held that in cases implicating ERISA § 404 fiduciary duties, > through slip opinion 31 < difficulties with John Blair impel us to apply Firestone, and so we do.>. In place of the deletion substitute the following:
<The Second Circuit has declined to apply the arbitrary and capricious standard from Firestone outside of the benefits context. See John Blair Commc’ns, Inc. Profit Sharing Plan v.…
2Cases cited62 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
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3Cited by49 opinions
- Sacerdote v. New York UniversityCourt of Appeals for the Second Circuit · 2021
- Tibble v. Edison Int'lSupreme Court of the United States · 2015
- Jennifer Sweda v. University of PennsylvaniaCourt of Appeals for the Third Circuit · 2019
- Bonnie Fish v. Greatbanc Trust CompanyCourt of Appeals for the Seventh Circuit · 2014
- Aqua Products, Inc. v. MatalCourt of Appeals for the Federal Circuit · 2017
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