Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel

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Orders

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

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

Opinions

Conference

Orders

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

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

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

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-723	11th Cir.	Nov 9, 2015 Tr.Aud.	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.

Opinion analysis: Justices reaffirm limitations on ERISA plan’s right to recover medical-reimbursement costs (Ronald Mann)
Argument analysis: Justices dubious of ERISA plan’s right to recover medical-reimbursement costs (Ronald Mann)
Argument preview: Justices trying once again to define “legal” and “equitable” remedies under ERISA (Ronald Mann)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
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

Featured Posts

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel
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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.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard 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
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- 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.
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.
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Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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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)

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74