Gobeille v. Liberty Mutual Insurance Company

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Gobeille v. Liberty Mutual Insurance Company

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Conference of February 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-181	2d Cir.	Dec 2, 2015 Tr.Aud.	Mar 1, 2016	6-2	Kennedy	OT 2015

Holding: As applied to Employee Retirement Income Security Act plans, ERISA pre-empts a Vermont law that requires certain entities, including health insurers, to report payments relating to health care claims and other information relating to health care services to a state agency for compilation in an all-inclusive health care database.

Judgment: Affirmed, 6-2, in an opinion by Justice Kennedy on March 1, 2016. Justice Thomas and Justice Breyer filed concurring opinions. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

Opinion analysis: Justices strike a blow against state health-care data collection (Ronald Mann)
Argument analysis: Justices spar over ERISA preemption of state health-care databases (Ronald Mann)
Argument preview: Justices to consider whether ERISA preempts state health-care databases (Ronald Mann)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Aug 13 2014	Petition for a writ of certiorari filed. (Response due September 15, 2014)
Sep 10 2014	Order extending time to file response to petition to and including October 15, 2014.
Sep 15 2014	Brief amici curiae of New York, et al. filed.
Oct 10 2014	Order further extending time to file response to petition to and including November 6, 2014.
Nov 6 2014	Brief of respondent Liberty Mutual Insurance Company in opposition filed.
Nov 21 2014	Reply of petitioner Alfred Gobeille, in His Official Capacity as Chair of the Vermont Green Mountain Care Board filed. (Distributed)
Nov 25 2014	DISTRIBUTED for Conference of December 12, 2014.
Dec 15 2014	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 19 2015	Brief amicus curiae of United States filed.
Jun 1 2015	Supplemental brief of petitioner Alfred Gobeille, in His Official Capacity as Chair of the Vermont Green Mountain Care Board filed. (Distributed)
Jun 2 2015	DISTRIBUTED for Conference of June 18, 2015.
Jun 3 2015	Supplemental brief of respondent Liberty Mutual Insurance Company filed. (Distributed)
Jun 22 2015	DISTRIBUTED for Conference of June 25, 2015.
Jun 29 2015	Petition GRANTED.
Jul 9 2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Jul 10 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Jul 16 2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2015.
Jul 16 2015	The time to file respondent's brief on the merits is extended to and including October 13, 2015.
Aug 28 2015	Brief of petitioner Alfred Gobeille, in His Official Capacity as Chair of the Vermont Green Mountain Care Board filed.
Aug 28 2015	Joint appendix filed. (Statement of costs filed)
Sep 1 2015	Brief amicus curiae of Professor Edward A. Zelinsky in support of neither party filed.
Sep 2 2015	Brief amici curiae of Association of American Physicians and Surgeons, Inc., et al. in support of neither party filed.
Sep 3 2015	Brief amici curiae of National Governors Association, et al. filed.
Sep 3 2015	Brief amicus curiae of New Hampshire filed.
Sep 4 2015	Brief amicus curiae of the United States filed.
Sep 4 2015	Brief amici curiae of American Hospital Association and Association of American Medical Colleges filed.
Sep 4 2015	Brief amici curiae of New York, et al. filed.
Sep 4 2015	Brief amicus curiae of Connecticut Health Insurance Exchange D/B/A Access Health CT filed.
Sep 4 2015	Brief amici curiae of Harvard Law School Center for Health Law and Policy Innovation, et al. filed.
Sep 4 2015	Brief amici curiae of AARP, Families USA, and U.S. Public Interest Research Group filed.
Sep 4 2015	Brief amici curiae of National Association of Health Data Organizations (NAHDO), et al. filed.
Sep 4 2015	Brief amici curiae of American Medical Association and Vermont Medical Society filed.
Sep 25 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 9 2015	SET FOR ARGUMENT on Wednesday, December 2, 2015
Oct 13 2015	Brief of respondent Liberty Mutual Insurance Company filed.
Oct 19 2015	Record requested from the U.S.C.A. 2nd Circuit.
Oct 20 2015	Brief amici curiae of American Benefits Council, et al. filed.
Oct 20 2015	Brief amicus curiae of Blue Cross and Blue Shield Association filed.
Oct 20 2015	Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed.
Oct 20 2015	Brief amicus curiae of New England Legal Foundation filed.
Oct 21 2015	Record received from the U.S.C.A. 2nd Circuit is electronic.
Oct 21 2015	Record from the U.S.D.C. District of Vermont is electronic and located on PACER.
Oct 27 2015	CIRCULATED
Nov 9 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 12 2015	Reply of petitioner Alfred Gobeille, in His Official Capacity as Chair of the Vermont Green Mountain Care Board filed. (Distributed)
Dec 2 2015	Argued. For petitioner: Bridget C. Asay, Vermont Solicitor General, Montpelier, Vt.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.
Mar 1 2016	Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., and Breyer, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined.
Apr 4 2016	JUDGMENT ISSUED

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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases argued 44

Cases decided 11

Summary reversals 3

Merits cases granted to date 74

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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Cases argued	44
Cases decided	11
Summary reversals	3
Merits cases granted to date	74

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)