|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-723||11th Cir.||Nov 9, 2015||Jan 20, 2016||8-1||Thomas||OT 2015|
Holding: When an ERISA-plan participant wholly dissipates a third-party settlement on non traceable items, the plan fiduciary may not bring suit to attach the participant's separate assets under Section 502(a)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), which authorizes plan fiduciaries to file suit "to obtain… appropriate equitable relief," because the plan is not seeking equitable relief under the circumstances of seeking to recover such general funds.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Thomas on January 20, 2016. Justice Alito joined the opinion except for Part III-C. Justice Ginsburg filed a dissenting opinion.
|Date||Proceedings and Orders |
|Dec 16 2014||Petition for a writ of certiorari filed. (Response due January 20, 2015)|
|Dec 29 2014||Order extending time to file response to petition to and including February 19, 2015.|
|Feb 19 2015||Brief of respondent Board of Trustees of the National Elevator Industry Health Benefit Plan in filed.|
|Feb 25 2015||Letter from counsel for petitioner received waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5.|
|Feb 25 2015||DISTRIBUTED for Conference of March 20, 2015.|
|Mar 23 2015||DISTRIBUTED for Conference of March 27, 2015.|
|Mar 30 2015||Petition GRANTED.|
|Apr 20 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 6, 2015.|
|Apr 20 2015||The time to file respondent's brief on the merits is extended to and including September 25, 2015.|
|Jun 3 2015||Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the respondent.|
|Jun 3 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 6 2015||Joint appendix filed. (Statement of costs filed.)|
|Jul 6 2015||Brief of petitioner Robert Montanile filed.|
|Jul 13 2015||Brief amicus curiae of United States filed.|
|Jul 13 2015||Brief amicus curiae of United Policyholders filed.|
|Jul 13 2015||Brief amicus curiae of AARP filed.|
|Jul 13 2015||Brief amicus curiae of The American Association for Justice filed.|
|Sep 9 2015||SET FOR ARGUMENT on Monday, November 9, 2015|
|Sep 10 2015||Record requested from the U.S.C.A. 11th Circuit.|
|Sep 25 2015||Brief of respondent Board of Trustees of the National Elevator Industry Health Benefit Plan filed.|
|Sep 29 2015||CIRCULATED|
|Oct 2 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Oct 2 2015||Brief amici curiae of National Association of Subrogation Professionals, et al. filed. (Distributed)|
|Oct 2 2015||Brief amici curiae of IBEW-NECA Southwestern Health & Benefit Fund, et al. filed. (Distributed)|
|Oct 2 2015||Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed. (Distributed)|
|Oct 26 2015||Reply of petitioner Robert Montanile filed. (Distributed)|
|Oct 30 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Nov 9 2015||Argued. For petitioner: Peter K. Stris, Los Angeles, Cal.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Neal K. Katyal, Washington, D. C.|
|Jan 20 2016||Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Alito, J., joined except for Part III-C. Ginsburg, J., filed a dissenting opinion.|
|Feb 23 2016||Judgment Issued|
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