AAG updates committee: Fowler remanded; Jolin briefing to conclude next week

Summary

Assistant Attorney General Jesse Yoder told the Select Committee on Pension Policy executive committee that the Ninth Circuit remanded the Fowler federal case back to district court and that briefing in the Jolin case on expansion of an order to the class will finish next week, with possible oral argument later this year or early next year.

Assistant Attorney General Jesse Yoder gave the committee brief updates on two court cases the committee has been following.

On Fowler, Yoder said the case — which involves plan transfers and has run for roughly two decades in various tracks — had two tracks (state and federal). "The Ninth Circuit remanded the case back to the district court in November," he said, and the federal district court has not yet issued a scheduling order. State‑court briefing has completed and oral argument is expected later this year.

On Jolin, Yoder said the central issue is whether the court will expand an order that it previously issued for one plaintiff to the entire class. Briefing on that question is expected to wrap up next week; if the court accepts oral argument, it would likely occur later this year or early next year.

The committee had no formal actions tied to these litigation updates; members thanked Yoder and offered no immediate direction beyond continuing to monitor the cases.