|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|
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
Senator Markey (D-Ma) is delivering remarks right now in front of the Supreme Court introducing the Judiciary Act of 2021 to expand the court to 13 justices. He’s flanked by Chairman of House Judiciary, Jerry Nadler (D-NY), and Hank Johnson (D-Ga).
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here:
Cast your vote below!
The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness - SCOTUSblog
Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After...
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