Embarq Corporation v. Fulghum
Petition for certiorari denied on November 30, 2015
Linked with:
Issue: Whether the "fraud or concealment" exception to the statute of repose found in 29 U.S.C. § 1113 for alleged breaches of an Employee Retirement Income Security Act fiduciary"s duty applies only when a defendant takes affirmative steps to hide the alleged breach " as the First, Third, Seventh, Eighth, Ninth, and D.C. Circuits have held " or whether the exception can be invoked any time the underlying claim is premised on a fraud theory " as the Second and Tenth Circuits have held.
| Date | Proceedings and Orders |
|---|---|
| 07/17/2015 | Application (15A86) to extend the time to file a petition for a writ of certiorari from July 26, 2015 to August 25, 2015, submitted to Justice Sotomayor. |
| 07/24/2015 | Application (15A86) granted by Justice Sotomayor extending the time to file until August 25, 2015. |
| 08/25/2015 | Petition for a writ of certiorari filed. (Response due September 28, 2015) |
| 09/14/2015 | Order extending time to file response to petition to and including October 26, 2015. |
| 09/15/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. |
| 09/22/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| 09/28/2015 | Brief amici curiae of American Benefits Council, et al. filed. |
| 10/26/2015 | Brief of respondents William Douglas Fulghum, et al. in opposition filed. |
| 11/09/2015 | DISTRIBUTED for Conference of November 24, 2015. |
| 11/09/2015 | Reply of petitioners Embarq Corporation, et al. filed. (Distributed) |
| 11/30/2015 | Petition DENIED. |