"The Supreme Court's hourlong oral argument largely proceeded on the assumption the appeals court applied the time limit too strictly. Justice Samuel Alito said both sides in the case seemed to agree that such lawsuits are 'not categorically barred.'... Jonathan Hacker, a lawyer for Edison, said it can't be the case that companies have to 'constantly look and scour the market for...cheaper investment options,' for retirement-plan participants. 'Well, you certainly do, if that's what a prudent trustee would do,' Justice Anthony Kennedy responded." [Tibble v. Edison International, No. 13-550 (9th Cir. Aug. 1, 2013; argued Feb. 24, 2015)]