In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Blue Cross and Blue Shield of Montana, Inc. v. Fossen
Petition for certiorari denied on January 22, 2013
Issue: Whether a substantive state-law insurance standard saved from preemption under the
insurance saving clause of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.
§ 1144(b)(2)(A), can be enforced through state-law remedies or instead is enforceable exclusively through ERISA’s enforcement scheme, 29 U.S.C. § 1132.