Editor's Note :

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.

Newell Window Furnishings Inc. v. Bender

Petition for certiorari denied on January 1, 1970
Docket No. Op. Below Argument Opinion Vote Author Term
12-163 6th Cir. N/A N/A N/A N/A OT -1

Issue: (1) Whether, consistent with federal labor and employee benefits policy, collectively bargained retiree benefits should not be found “vested” for the life of the retiree when a collective bargaining agreement does not contain a “clear statement” that such benefits are vested and/or unalterable, nor any language that might reasonably be construed to provide such benefits, but does contain a provision limiting the insurance program providing benefits to the duration of the labor contract, and does incorporate booklets reserving the right to change or discontinue benefits; and (2) whether the Sixth Circuit’s singular presumption of vesting retiree health care benefits based on the status of retirement has contravened federal labor and employee benefits policy by placing a “thumb on the scales” in favor of vesting, by impeding the development of a uniform federal labor law, and by adversely affecting the national uniform administration of benefit plans.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 1 2012Petition for a writ of certiorari filed. (Response due September 3, 2012)
Sep 4 2012Brief of respondents Willard Bender, et al. in opposition filed.
Sep 18 2012Reply of petitioners Newell Window Furnishings Inc., et al. filed. (Distributed)
Sep 19 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 9 2012Petition DENIED.
 
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