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Eighth Circuit Denies Both Rehearing Petitions in Tussey v. ABB
The Lowenbaum Partnership and FRA PlanTools Link to more items from this source
May 22, 2014
"Without explanation, both the original panel of three judges and the court en banc, meaning all active judges of the 8th Circuit, declined to rehear the case.... If the Supreme Court declines to hear either party's appeal in Tussey, then the case will ultimately be remanded back to the district court to re-decide the investment claims under an abuse of discretion standard. And in that scenario, the following issues will be considered final regardless of the remand: [1] Fidelity will have succeeded in defeating all claims against it, and [2] ABB will have have been found liable for paying excessive recordkeeping fees to Fidelity." [Tussey v. ABB, Inc., No. 12-2056 (8th Cir. Mar. 19, 2014)]

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