Embarq Corporation v. Fulghum
Linked with Fulghum v. Embarq Corporation (15-241)
Certiorari Denied
Petition for certiorari denied on November 30, 2015.
Issue
Whether the "fraud or concealment" exception to the statute of repose found in 29 U.S.C. § 1113 for alleged breaches of an Employee Retirement Income Security Act fiduciary"s duty applies only when a defendant takes affirmative steps to hide the alleged breach " as the First, Third, Seventh, Eighth, Ninth, and D.C. Circuits have held " or whether the exception can be invoked any time the underlying claim is premised on a fraud theory " as the Second and Tenth Circuits have held.
Jul 17, 2015Application (15A86) to extend the time to file a petition for a writ of certiorari from July 26, 2015 to August 25, 2015, submitted to Justice Sotomayor.
Jul 24, 2015Application (15A86) granted by Justice Sotomayor extending the time to file until August 25, 2015.
Aug 25, 2015Petition for a writ of certiorari filed. (Response due September 28, 2015)
Sep 14, 2015Order extending time to file response to petition to and including October 26, 2015.
Sep 15, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.
Sep 22, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Sep 28, 2015Brief amici curiae of American Benefits Council, et al. filed.
Oct 26, 2015Brief of respondents William Douglas Fulghum, et al. in opposition filed.
Nov 9, 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 9, 2015Reply of petitioners Embarq Corporation, et al. filed. (Distributed)Nov 30, 2015Petition DENIED.
Recommended Citation: Embarq Corporation v. Fulghum, SCOTUSblog, https://www.scotusblog.com/cases/embarq-corporation-v-fulghum/