|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-130||2d Cir.||N/A||N/A||N/A||N/A||OT 2013|
Issue: (1) Whether an Employee Retirement Income Security Act (ERISA) plan may enforce an equitable lien by agreement under Section 502(a)(3) of ERISA where it has not identified a particular fund that is in the defendant’s possession and control at the time the Plan asserts its equitable lien; and (2) whether a discretionary clause in an ERISA plan mandating that an abuse-of-discretion standard of judicial review be applied to a Section 502(a)(1)(B) denial-of-benefits claim is enforceable when the clause was never disclosed to the participant in any plan document, as the Second Circuit held here, or whether the Plan must give participants and beneficiaries clear notice of such a clause, as the Seventh Circuit has required. CVSG: 10/07/2013.
|Date||Proceedings and Orders |
|May 21 2013||Application (12A1124) to extend the time to file a petition for a writ of certiorari from June 11, 2013 to July 26, 2013, submitted to Justice Ginsburg.|
|May 23 2013||Application (12A1124) granted by Justice Ginsburg extending the time to file until July 26, 2013.|
|Jul 26 2013||Petition for a writ of certiorari filed. (Response due August 29, 2013)|
|Aug 26 2013||Brief of respondents Aetna Life Insurance Company, et al. in opposition filed.|
|Sep 10 2013||Reply of petitioner Sharon Thurber filed.|
|Sep 11 2013||DISTRIBUTED for Conference of September 30, 2013.|
|Oct 7 2013||The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.|
|May 6 2014||Brief amicus curiae of United States filed.|
|May 16 2014||Supplemental brief of petitioner Sharon Thurber filed. (Distributed)|
|May 20 2014||DISTRIBUTED for Conference of June 5, 2014.|
|Jun 9 2014||Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."