Rochow v. Life Insurance Company of North America
Petition for certiorari denied on November 9, 2015
Issue: Whether the amount of a remedy based on the improper delay in the payment of a benefit should be based on: (1) only the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay (the rule in the Sixth Circuit); (2) either the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay or the amount needed to disgorge any gain improperly realized by the plan as a result of that wrongful delay (the rule in the Second, Third, Seventh, Eighth and District of Columbia Circuits); (3) the most analogous state prejudgment interest rate (the rule in the Fifth, Tenth and Eleventh Circuits); or (4) the " 1961 post-judgment interest rate (the rule in the Ninth Circuit).
| Date | Proceedings and Orders |
|---|---|
| 05/10/2015 | Application (14A1176) to extend the time to file a petition for a writ of certiorari from June 3, 2015 to August 2, 2015, submitted to Justice Kagan. |
| 05/14/2015 | Application (14A1176) granted by Justice Kagan extending the time to file until August 2, 2015. |
| 08/03/2015 | Petition for a writ of certiorari filed. (Response due September 4, 2015) |
| 08/13/2015 | Order extending time to file response to petition to and including October 5, 2015. |
| 10/05/2015 | Brief of respondent Life Insurance Company of North America in opposition filed. |
| 10/20/2015 | Reply of petitioners Todd R. Rochow, Personal Representative of the Estate of Daniel J. Rochow, et al., filed. (Distributed) |
| 10/21/2015 | DISTRIBUTED for Conference of November 6, 2015. |
| 10/28/2015 | Letter from counsel including Rule 29.6 statement of respondent Life Insurance Company of North America filed. (Distributed) |
| 11/09/2015 | Petition DENIED. |