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

Petition for certiorari denied on January 22, 2013

Docket No. Op. BelowArgument Opinion Vote Author Term
11-1155 9th Cir. N/A N/A N/A N/A OT 2012

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/21/2012Petition for a writ of certiorari filed. (Response due April 23, 2012)
04/23/2012Brief of respondents Dale Fossen, et al. in opposition filed.
05/24/2012Reply of petitioner Blue Cross and Blue Shield of Montana, Inc. filed.
05/29/2012DISTRIBUTED for Conference of June 14, 2012.
06/18/2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/21/2012Brief amicus curiae of United States filed.
01/02/2013DISTRIBUTED for Conference of January 18, 2013.
01/08/2013Supplemental brief of petitioner Blue Cross and Blue Shield of Montana, Inc. filed. (Distributed)
01/22/2013Petition DENIED.

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