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Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

Docket No.14-723
Op. Below11th Cir.
ArgumentNov 9, 2015

Holding

When an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan fiduciary may not bring suit to attach the participant's separate assets under Section 502(a)(3) of the Employee Retirement Income Security Act of 1974.

Judgment

Reversed and remanded, 8-1, in an opinion by Clarence Thomas on Jan 20, 2016. Justice Alito joined the opinion except for Part III-C. Justice Ginsburg filed a dissenting opinion.

Proceedings & orders timeline

Dec 16, 2014
Petition for a writ of certiorari filed. (Response due January 20, 2015)
Dec 29, 2014
Order extending time to file response to petition to and including February 19, 2015.
Feb 19, 2015
Brief of respondent Board of Trustees of the National Elevator Industry Health Benefit Plan in filed.
Feb 25, 2015
Letter from counsel for petitioner received waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5.
Feb 25, 2015
DISTRIBUTED for Conference of March 20, 2015.
Mar 23, 2015
DISTRIBUTED for Conference of March 27, 2015.
Mar 30, 2015
Petition GRANTED.
Apr 20, 2015
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 6, 2015.
Apr 20, 2015
The time to file respondent's brief on the merits is extended to and including September 25, 2015.
Jun 3, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the respondent.
Jun 3, 2015
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Jul 6, 2015
Joint appendix filed. (Statement of costs filed.)
Jul 6, 2015
Brief of petitioner Robert Montanile filed.
Jul 13, 2015
Brief amicus curiae of United States filed.
Jul 13, 2015
Brief amicus curiae of United Policyholders filed.
Jul 13, 2015
Brief amicus curiae of AARP filed.
Jul 13, 2015
Brief amicus curiae of The American Association for Justice filed.
Sep 9, 2015
SET FOR ARGUMENT on Monday, November 9, 2015
Sep 10, 2015
Record requested from the U.S.C.A. 11th Circuit.
Sep 25, 2015
Brief of respondent Board of Trustees of the National Elevator Industry Health Benefit Plan filed.
Sep 29, 2015
CIRCULATED
Oct 2, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 2, 2015
Brief amici curiae of National Association of Subrogation Professionals, et al. filed. (Distributed)
Oct 2, 2015
Brief amici curiae of IBEW-NECA Southwestern Health & Benefit Fund, et al. filed. (Distributed)
Oct 2, 2015
Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed. (Distributed)
Oct 26, 2015
Reply of petitioner Robert Montanile filed. (Distributed)
Oct 30, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 9, 2015
Argued. For petitioner: Peter K. Stris, Los Angeles, Cal.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Neal K. Katyal, Washington, D. C.
Jan 20, 2016
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Alito, J., joined except for Part III-C. Ginsburg, J., filed a dissenting opinion.
Feb 23, 2016
Judgment Issued

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