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.
Edmonson v. Lincoln National Life Insurance Company
Issue: Whether, when an Employee Retirement Income Security Act plan permits the use of retained
asset accounts to settle life-insurance claims but leaves
discretion to the insurer to determine the interest rates
and other features of those accounts, the insurer
ceases to act as a fiduciary when it creates the account (as
the Second and Third Circuits have held) or its
subsequent discretionary acts remain subject to
ERISA’s protections (as the First Circuit has held).