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Fenkell v. Alliance Holdings, Inc.

Pending Petition
Docket No.16-473
Op. Below7th Cir.

Issue

Whether the Employee Retirement Income Security Act of 1974 permits a cause of action for indemnity or contribution by an individual found liable for breach of fiduciary duty.

Proceedings & orders timeline

Oct 7, 2016
Petition for a writ of certiorari filed. (Response due November 14, 2016)
Oct 17, 2016
Waiver of right of respondents Pamela Klute, et al. to respond filed.
Oct 18, 2016
Waiver of right of respondents Alliance Holdings, Inc., et al. to respond filed.
Oct 18, 2016
Waiver of right of respondent Alliance Holding, Inc. Employee Stock Ownership Plan to respond filed.
Oct 18, 2016
Waiver of right of respondents Carol Chesemore, et al. to respond filed.
Nov 2, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 9, 2016
Response Requested . (Due December 9, 2016)
Dec 9, 2016
Brief of respondents Alliance Holdings, Inc., et al. in opposition filed.
Dec 20, 2016
Reply of petitioner David B. Fenkell filed.
Dec 20, 2016
Letter of December 20, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.
Dec 21, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Jan 19, 2017
Motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
Jan 19, 2017
Petition Dismissed - Rule 46.

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