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Blue Cross and Blue Shield of Montana, Inc. v. Fossen

Certiorari Denied

Petition for certiorari denied on January 22, 2013.

Docket No.11-1155
Op. Below9th Cir.

Issue

Whether a substantive state-law insurance standard saved from preemption under the insurance saving clause of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. " 1144(b)(2)(A), can be enforced through state-law remedies or instead is enforceable exclusively through ERISA"s enforcement scheme, 29 U.S.C. § 1132.

Proceedings & orders timeline

Mar 21, 2012
Petition for a writ of certiorari filed. (Response due April 23, 2012)
Apr 23, 2012
Brief of respondents Dale Fossen, et al. in opposition filed.
May 24, 2012
Reply of petitioner Blue Cross and Blue Shield of Montana, Inc. filed.
May 29, 2012
DISTRIBUTED for Conference of June 14, 2012.
Jun 18, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 21, 2012
Brief amicus curiae of United States filed.
Jan 2, 2013
DISTRIBUTED for Conference of January 18, 2013.
Jan 8, 2013
Supplemental brief of petitioner Blue Cross and Blue Shield of Montana, Inc. filed. (Distributed)
Jan 22, 2013
Petition DENIED.

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