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Editor's Note :

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Thurber v. Aetna Life Insurance Company

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-130 2d Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether an 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. The First, Second, Third, Sixth, and Seventh Circuits have held that a Plan may do so, and the Eighth and Ninth Circuits have held that it may not; 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.

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.
 
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