152792P.pdf   03/09/2017  Ronald Tussey  v.  ABB
   U.S. Court of Appeals Case No:  15-2792
                          and No:  16-1127
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Riley, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - ERISA. For the court's prior opinion in the matter, see 
   Tussey v. ABB, Inc. 746 F.3d 327 (8th Cir. 2014). In that opinion, this 
   court directed the district court to "reevaluate" how participants in the 
   retirement plan might have been injured if the ABB fiduciaries breached 
   their fiduciary duties under the Act when they changed the investment 
   options for the plans; on remand, the district court apparently mistook 
   these directions for a definitive ruling on how to measure plan losses, 
   and as a result entered judgment in favor of ABB despite finding they did 
   breach their duties; therefore, the judgment on that claim is vacated, and 
   the matter is remanded for further consideration regarding whether the 
   participants can prove losses to the plans; because this court reopens one 
   of the participants' substantive claims, the district court's award of 
   attorneys' fees is also vacated and remanded.