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U.S. Airways, Inc. v. McCutchen

Docket No.11-1285
Op. Below3d Cir.
ArgumentNov 27, 2012
Vote5-4
AuthorElena Kagan
OpinionApr 16, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

In an action brought under Section 502(a)(3) of the Employee Retirement Income Security Act, which authorizes a civil action "to obtain . . . appropriate equitable relief . . . to enforce . . . the terms of the" ERISA plan, based on an equitable lien by agreement, the terms of the ERISA plan govern. However, when there are gaps in the plan, equitable doctrines may be used to properly construe it.

Judgment

Vacated and remanded, 5-4, in an opinion by Elena Kagan on Apr 16, 2013. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.

Holding: In an action brought under Section 502(a)(3) of the Employee Retirement Income Security Act, which authorizes a civil action “to obtain . . . appropriate equitable relief . . . to enforce . . . the terms of the” ERISA plan, based on an equitable lien by agreement, the terms of the ERISA plan govern. However, when there are gaps in the plan, equitable doctrines may be used to properly construe it.

Judgment:”Vacated and remanded“on April 16, 2013. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.

Proceedings & orders timeline

Mar 14, 2012
Application (11A879) to extend the time to file a petition for a writ of certiorari from April 3, 2012 to May 23, 2012, submitted to Justice Alito.
Mar 16, 2012
Response to application from respondents James E. McCutchen, et al. filed.
Mar 17, 2012
Application (11A879) granted by Justice Alito extending the time to file until May 3, 2012.
Apr 25, 2012
Petition for a writ of certiorari filed. (Response due May 25, 2012)
May 8, 2012
Order extending time to file response to petition to and including June 5, 2012.
May 25, 2012
Brief amici curiae of National Association of Subrogation Professionals, et al. filed.
Jun 5, 2012
DISTRIBUTED for Conference of June 21, 2012.
Jun 5, 2012
Brief of respondents James E. McCutchen, et al. in opposition filed. (Distributed)Jun 8, 2012
Reply of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed. (Distributed)
Jun 12, 2012
Letter of June 7, 2012, from counsel for respondents received. (Distributed)
Jun 20, 2012
Letter of June 20, 2012, from counsel for petitioner received. (Distributed)
Jun 20, 2012
Letter of June 20, 2012, from counsel for respondents received. (Distributed)
Jun 25, 2012
Petition GRANTED.
Jul 26, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2012.
Jul 26, 2012
The time to file respondent's brief on the merits is extended to and including October 18, 2012.
Aug 15, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner, and counsel for the respondents.
Aug 29, 2012
Joint appendix filed. (Statement of costs received.)
Aug 29, 2012
Brief of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed.
Sep 5, 2012
Brief amicus curiae of the United States in support of neither party filed.
Sep 5, 2012
Brief amici curiae of Blue Cross Blue Shield Association, et al. filed.
Sep 5, 2012
Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed.
Sep 5, 2012
Brief amici curiae of National Association of Subrogation Professionals, et al. filed.
Sep 5, 2012
Brief amicus curiae of Central States, Southeast and Southwest Areas Health and Welfare Fund filed.
Sep 5, 2012
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 14, 2012
SET FOR ARGUMENT ON Tuesday, November 27, 2012.
Sep 14, 2012
CIRCULATED
Oct 4, 2012
Record received from the U.S.C.A. for the Third Circuit is electronic. And the record from the U.S.D.C. for Western District of Pennsylvania is included in this record.
Oct 18, 2012
Brief of respondents James E. McCutchen, et al. filed. (Distributed)Oct 18, 2012
Brief amici curiae of Pennsylvania Association for Justice filed. (Distributed)
Oct 25, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 25, 2012
Brief amici curiae of United Policyholders, et al. filed. (Distributed)Oct 25, 2012
Brief amicus curiae of Consumer Watchdog filed. (Distributed)Oct 25, 2012
Brief amicus curiae of American Association for Justice filed. (Distributed)Oct 25, 2012
Brief amici curiae of AARP, et al. filed. (Distributed)Oct 25, 2012
Brief amici curiae of Law Professors filed. (Distributed)Oct 25, 2012
Brief amicus curiae of Michigan Association for Justice filed. (Distributed)
Nov 13, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13, 2012
Reply of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed. (Distributed)
Nov 19, 2012
Letter proposing a lodging of the U.S. Airways, Inc. Health Benefit Plan ("Plan") received from counsel for respondents. (Distributed)
Nov 26, 2012
LODGING received from counsel for the respondents. (Distributed)
Nov 27, 2012
Argued. For petitioner: Neal Kumar Katyal, Washington, D. C. For United States, as amicus curiae: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew W. H. Wessler, Washington, D. C.
Apr 16, 2013
Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
May 20, 2013
JUDGMENT ISSUED.

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