"In a surprise move, the Supreme Court has asked the Solicitor General of the United States, working in conjunction with the [DOL], to file a brief offering their view on the issues.... [T]hese issues are ripe for decision by the Supreme Court. Defining exactly how the 6 year statute of limitation should be interpreted would provide needed clarity to both plan participants and plan sponsors.... [T]he issue of deference to ERISA fiduciaries could not be more timely, as the 8th Circuit in the Tussey v. ABB appeal found that the district court should have viewed the action of the ABB defendants with regard to investment decisions at issue in the case through a lens of deference."

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