Rochow v. Life Insurance Company of North America

Petition for certiorari denied on November 9, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
15-163 6th Cir. N/A N/A N/A N/A OT 2015

Issue: Whether the amount of a remedy based on the improper delay in the payment of a benefit should be based on: (1) only the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay (the rule in the Sixth Circuit); (2) either the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay or the amount needed to disgorge any gain improperly realized by the plan as a result of that wrongful delay (the rule in the Second, Third, Seventh, Eighth and District of Columbia Circuits); (3) the most analogous state prejudgment interest rate (the rule in the Fifth, Tenth and Eleventh Circuits); or (4) the § 1961 post-judgment interest rate (the rule in the Ninth Circuit).

DateProceedings and Orders (key to color coding)
May 10 2015Application (14A1176) to extend the time to file a petition for a writ of certiorari from June 3, 2015 to August 2, 2015, submitted to Justice Kagan.
May 14 2015Application (14A1176) granted by Justice Kagan extending the time to file until August 2, 2015.
Aug 3 2015Petition for a writ of certiorari filed. (Response due September 4, 2015)
Aug 13 2015Order extending time to file response to petition to and including October 5, 2015.
Oct 5 2015Brief of respondent Life Insurance Company of North America in opposition filed.
Oct 20 2015Reply of petitioners Todd R. Rochow, Personal Representative of the Estate of Daniel J. Rochow, et al., filed. (Distributed)
Oct 21 2015DISTRIBUTED for Conference of November 6, 2015.
Oct 28 2015Letter from counsel including Rule 29.6 statement of respondent Life Insurance Company of North America filed. (Distributed)
Nov 9 2015Petition DENIED.
 
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