In previous years, the Court released ... (click to view)
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 -- so we are again doubtful that certiorari will be granted in any cases today.
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.