The petitions of the day are:

Barberis v. Retirement Plan for Employees of S.C. Johnson & Son, Inc.

Docket: 11-843
Issue(s): Whether, under the applicable federal discovery rule, a plaintiff ’s cause of action accrues, and the limitations period begins to run, when – (1) the plaintiff knew or should have known of his or her injury; (2) the plaintiff knew or should have known of the conduct constituting the violation; (3) the plaintiff knew or should have known of a factual basis of all elements of his or her claim; or (4) the plaintiff knew or should have known of some other circumstance or combination of circumstances.

Certiorari stage documents:

Retirement Plan for Employees of S.C. Johnson & Son, Inc. v. Barberis

Docket: 11-970
Issue(s): (1) Whether a cause of action under ERISA Section 502(a), 29 U.S.C. § 1132(a), accrues when a plan publishes and describes an unlawful change in benefits in its plan materials or only years later when the participant recognizes the legal error; (2) whether, when a plan’s methodology for calculating benefits is deemed void years later and it becomes necessary to determine which of a number of ERISA-compliant formulas the plan would have selected, a court should defer to the view of a plan administrator with “the exclusive right to interpret the Plan and to decide all matters arising thereunder, including without limitation, the power to determine eligibility for benefits under the Plan and the amounts of such benefits” or should instead decide the matter without deference.

Certiorari stage documents:

Posted in Barberis v. Retirement Plan for Employees of S.C. Johnson & Son, Retirement Plan for Employees of S.C. Johnson & Son v. Barberis, Cases in the Pipeline

Recommended Citation: Kali Borkoski, Petitions of the day, SCOTUSblog (Feb. 16, 2012, 7:30 PM), https://www.scotusblog.com/2012/02/petitions-of-the-day-5/