401K Supreme Court Case Could save us some Money

I hope the SCOTUS finds in favor of the 401K participants.

In the initial class-action lawsuit, Tibble v. Edison, participants in the 401(k) plan sponsored by California-based utility Edison International argued that they were being charged excessive fees. 

Under the federal Employee Retirement Income Security Act, companies that sponsor 401(k) plans have a "fiduciary responsibility" to act in the best interest of their employees. The lawsuit claimed that Edison breached this duty in the case of six of its fund options, where almost identical offerings charging lower fees were available. 

Sounds like this is a no-brainer.The company offering the 401K should put lower fee options in when the offerings are the same. That means institutional shares over retail ones every time.