--- title: Stop. In the Name of Fairness description: Fee disclosure statements like Tibble v. Edison International are making fee fairness the next wave of client attention. --- [![Multnomah Group](https://blog.multnomahgroup.com/hs-fs/hubfs/canoe/logo-color.png?width=415&name=logo-color.png "Multnomah Group")](https://www-multnomahgroup-com.sandbox.hs-sites.com) [Careers](https://www.multnomahgroup.com/careers) Follow Us: [![Contact Us](https://no-cache.hubspot.com/cta/default/309123/8ea0f5b0-6d32-4c0c-be03-e645ed736c36.png)](https://cta-redirect.hubspot.com/cta/redirect/309123/8ea0f5b0-6d32-4c0c-be03-e645ed736c36) # Stop. In the Name of Fairness December 12, 2014 On October 2nd the Supreme Court of the United States agreed to consider the statute of limitations issue from the Ninth Circuit case of *Tibble v. Edison International*. In reviewing this specific issue, the Court may decide whether ERISA allows plan participants to challenge decisions initially made *more* than six years ago, if those decisions could have been reconsidered *during* the six-year window.  The plaintiffs in *Tibble* are participants in the Edison 401(k) Savings Plan. Like most 401(k) plans, they are permitted the ability to select among investments from a menu designed by the Investment Committee of the employer. These plaintiffs allege that the sponsors breached their fiduciary duty by making available to participants higher-cost retail investment options when less-expensive institutional investments were available. The plaintiffs argue that the employer chose more expensive investment options rather than directly allocating plan costs to participants, which would have been within the sponsor’s purview. Plan sponsors have a high degree of latitude in electing what expenses should be paid by the plan (participants in a defined contribution plan) or the plan sponsor. However, an increasing number of fiduciaries are ending up in courtrooms about their failure to articulate and document the decisions they’ve made about fee payment, further highlighting the benefits of a Fee Policy Statement where such decisions can be memorialized.  In a recent paper, summarizing our analysis of provider fees in 2014, we conclude that fee compression has been slowing. However, we also state that fee disclosure and cases like *Tibble* are making fee fairness the next wave of client attention. To read our 2014 Fee Benchmarking Study Results, click the button below.   [![Get the Study Results](https://no-cache.hubspot.com/cta/default/309123/bbf26d56-cb87-4d28-a82b-756e0a4a9875.png)](https://cta-redirect.hubspot.com/cta/redirect/309123/bbf26d56-cb87-4d28-a82b-756e0a4a9875) ### Subscribe To Our Blog [Contact](https://www.multnomahgroup.com/about-us/contact-us) [(888) 559-0159](tel:8885590159) [1155 SW Morrison Street, Ste 501, Portland, OR 97205](https://www.google.com/maps/place/1155+SW+Morrison+St+Suite+501,+Portland,+OR+97205) © 2026 Copyright Multnomah Group Inc.