Breaking News

Blue Cross Blue Shield of Michigan v. Hi-Lex Controls, Inc.

Petition for certiorari denied on October 20, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
14-168 6th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether, under the Employee Retirement Income Security Act of 1974 ("ERISA"), a service provider that contracts with an employer to provide services to an ERISA plan exercises “control” over “plan assets” when the service provider (a) contracts with the employer for compensation for services provided to the plan, and (b) elects to exercise its contractual right to receive that compensation, rather than waiving that right; and (2) whether under the plain language of section 408 of ERISA, a provider of services to an ERISA plan can be held to have violated section 406 of ERISA, which states that a fiduciary to an ERISA plan may not “deal with the assets of the plan in his own interest or for his own account,” when it has received only “reasonable compensation” for its services.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 12 2014Petition for a writ of certiorari filed. (Response due September 15, 2014)
Sep 9 2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
Sep 15 2014Brief amici curiae of Blue Cross Blue Shield Association, et al. filed.
Sep 15 2014Brief of respondents Hi-Lex Controls, Inc., et al. in opposition filed.
Sep 30 2014Reply of petitioner Blue Cross Blue Shield of Michigan filed. (Distributed)
Oct 1 2014DISTRIBUTED for Conference of October 17, 2014.
Oct 20 2014Petition DENIED.