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.

U.S. Airways, Inc. v. McCutchen

Docket No. Op. Below Argument Opinion Vote Author Term
11-1285 3d Cir. Nov 27, 2012
Tr.Aud.
Apr 16, 2013 5-4 Kagan OT 2012

Holding: In an action brought under Section 502(a)(3) of the Employee Retirement Income Security Act, which authorizes a civil action “to obtain . . . appropriate equitable relief . . . to enforce . . . the terms of the” ERISA plan, based on an equitable lien by agreement, the terms of the ERISA plan govern. However, when there are gaps in the plan, equitable doctrines may be used to properly construe it.

Judgment: Vacated and remanded on April 16, 2013. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 14 2012Application (11A879) to extend the time to file a petition for a writ of certiorari from April 3, 2012 to May 23, 2012, submitted to Justice Alito.
Mar 16 2012Response to application from respondents James E. McCutchen, et al. filed.
Mar 17 2012Application (11A879) granted by Justice Alito extending the time to file until May 3, 2012.
Apr 25 2012Petition for a writ of certiorari filed. (Response due May 25, 2012)
May 8 2012Order extending time to file response to petition to and including June 5, 2012.
May 25 2012Brief amici curiae of National Association of Subrogation Professionals, et al. filed.
Jun 5 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 5 2012Brief of respondents James E. McCutchen, et al. in opposition filed. (Distributed)
Jun 8 2012Reply of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed. (Distributed)
Jun 12 2012Letter of June 7, 2012, from counsel for respondents received. (Distributed)
Jun 20 2012Letter of June 20, 2012, from counsel for petitioner received. (Distributed)
Jun 20 2012Letter of June 20, 2012, from counsel for respondents received. (Distributed)
Jun 25 2012Petition GRANTED.
Jul 26 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2012.
Jul 26 2012The time to file respondent's brief on the merits is extended to and including October 18, 2012.
Aug 15 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner, and counsel for the respondents.
Aug 29 2012Joint appendix filed. (Statement of costs received.)
Aug 29 2012Brief of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed.
Sep 5 2012Brief amicus curiae of the United States in support of neither party filed.
Sep 5 2012Brief amici curiae of Blue Cross Blue Shield Association, et al. filed.
Sep 5 2012Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed.
Sep 5 2012Brief amici curiae of National Association of Subrogation Professionals, et al. filed.
Sep 5 2012Brief amicus curiae of Central States, Southeast and Southwest Areas Health and Welfare Fund filed.
Sep 5 2012Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 14 2012SET FOR ARGUMENT ON Tuesday, November 27, 2012.
Sep 14 2012CIRCULATED
Oct 4 2012Record received from the U.S.C.A. for the Third Circuit is electronic. And the record from the U.S.D.C. for Western District of Pennsylvania is included in this record.
Oct 18 2012Brief of respondents James E. McCutchen, et al. filed. (Distributed)
Oct 18 2012Brief amici curiae of Pennsylvania Association for Justice filed. (Distributed)
Oct 25 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 25 2012Brief amici curiae of United Policyholders, et al. filed. (Distributed)
Oct 25 2012Brief amicus curiae of Consumer Watchdog filed. (Distributed)
Oct 25 2012Brief amicus curiae of American Association for Justice filed. (Distributed)
Oct 25 2012Brief amici curiae of AARP, et al. filed. (Distributed)
Oct 25 2012Brief amici curiae of Law Professors filed. (Distributed)
Oct 25 2012Brief amicus curiae of Michigan Association for Justice filed. (Distributed)
Nov 13 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13 2012Reply of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed. (Distributed)
Nov 19 2012Letter proposing a lodging of the U.S. Airways, Inc. Health Benefit Plan ("Plan") received from counsel for respondents. (Distributed)
Nov 26 2012LODGING received from counsel for the respondents. (Distributed)
Nov 27 2012Argued. For petitioner: Neal Kumar Katyal, Washington, D. C. For United States, as amicus curiae: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew W. H. Wessler, Washington, D. C.
Apr 16 2013Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
May 20 2013JUDGMENT ISSUED.
 
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