Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Martinez-Claib v. Business Men’s Assurance Company of America

Petition for certiorari denied on November 4, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1403 11th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether ERISA’s statutory and regulatory requirements limit the grounds on which an administrator may defend a benefits action to the reasons it timely communicated to the claimant; (2) whether a contractual provision imposing like requirements limits the grounds on which an administrator may defend a benefits action to the reasons it timely communicated to the claimant; and (3) whether, when a plan administrator, having knowledge of grounds for claim denial, fails to communicate them to a claimant when it denies a claim, waiver principles preclude it from defending a benefits action based on those undisclosed grounds.

DateProceedings and Orders
May 28 2013Petition for a writ of certiorari filed. (Response due July 1, 2013)
Jun 27 2013Waiver of right of respondents Business Men's Assurance Company of America, et al. to respond filed.
Jul 2 2013DISTRIBUTED for Conference of September 30, 2013.
Jul 15 2013Response Requested . (Due August 14, 2013)
Jul 23 2013Order extending time to file response to petition to and including September 27, 2013.
Sep 27 2013Brief of respondents Business Men's Assurance Company of America, et al. in opposition filed.
Oct 15 2013Reply of petitioner Beatriz Martinez-Claib filed.
Oct 16 2013DISTRIBUTED for Conference of November 1, 2013.
Nov 4 2013Petition DENIED.
 
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