Thurber v. Aetna Life Insurance Company

Petition for certiorari denied on June 9, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-130 2d Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether an Employee Retirement Income Security Act (ERISA) plan may enforce an equitable lien by agreement under Section 502(a)(3) of ERISA where it has not identified a particular fund that is in the defendant’s possession and control at the time the Plan asserts its equitable lien; and (2) whether a discretionary clause in an ERISA plan mandating that an abuse-of-discretion standard of judicial review be applied to a Section 502(a)(1)(B) denial-of-benefits claim is enforceable when the clause was never disclosed to the participant in any plan document, as the Second Circuit held here, or whether the Plan must give participants and beneficiaries clear notice of such a clause, as the Seventh Circuit has required. CVSG: 10/07/2013.

SCOTUSblog Coverage

DateProceedings and Orders
May 21 2013Application (12A1124) to extend the time to file a petition for a writ of certiorari from June 11, 2013 to July 26, 2013, submitted to Justice Ginsburg.
May 23 2013Application (12A1124) granted by Justice Ginsburg extending the time to file until July 26, 2013.
Jul 26 2013Petition for a writ of certiorari filed. (Response due August 29, 2013)
Aug 26 2013Brief of respondents Aetna Life Insurance Company, et al. in opposition filed.
Sep 10 2013Reply of petitioner Sharon Thurber filed.
Sep 11 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.
May 6 2014Brief amicus curiae of United States filed.
May 16 2014Supplemental brief of petitioner Sharon Thurber filed. (Distributed)
May 20 2014DISTRIBUTED for Conference of June 5, 2014.
Jun 9 2014Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
 
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