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Ashley Sveen, et al. v. Kaye Melin

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1172 · judgment April 3, 2017

Decided · June 11, 2018
At-filing estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below and an Eighth Circuit decision below.

Question presented

In 2002, Minnesota enacted legislation providing, in relevant part, that "the dissolution or annulment of a marriage revokes any revocable ... beneficiary designation ... made by an individual to the individual's former spouse." Minn. Stat. § 524.2-804, subd. 1. Thus, if a person designates a spouse as a life insurance beneficiary and later gets divorced, Minnesota law provides that the beneficiary designation is automatically revoked. At least twenty-eight other states have enacted similar revocation-upon-divorce statutes. The question presented is: Does the application of a revocation-upon-divorce statute to a contract signed before the statute's enactment violate the Contracts Clause?

Counsel of record

For petitioner
Adam G. Unikowsky
Jenner & Block LLP

For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 merits
(1 supporting pet./neither, 2 respondent)

Orders
Miscellaneous order, December 8, 2017 · Certiorari granted
Order list, January 22, 2018

Argument & decision

Argued March 19, 2018 — Adam G. Unikowsky · Shay Dvoretzky. Listen and read along · the Court’s audio

Decided June 11, 2018. Opinion by Kagan.

Proceedings

  1. Aug 21 2018
    The Record from the U.S.C.A. 8th C has been returned.
  2. Jul 13 2018
    JUDGMENT ISSUED.
  3. Jun 11 2018
    Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Gorsuch, J., filed a dissenting opinion.
  4. Mar 19 2018
    Argued. For petitioners: Adam G. Unikowsky, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C.
  5. Mar 08 2018
    Reply of petitioners Ashley Sveen, et al. filed. (Distributed)
  6. Mar 05 2018
    Record received from the U.S.C.A. 8th Circuit. (1 Box)
  7. Feb 28 2018
    Brief amici curiae of The Women’s Law Project, et al. filed. (Distributed)
  8. Feb 27 2018
    Brief amicus curiae of Professor James W. Ely, Jr. filed. (Distributed)
  9. Feb 21 2018
    Record requested from the U.S.C.A. 8th Circuit.
  10. Feb 21 2018
    Brief of respondent Kaye Melin filed. (Distributed)
  11. Feb 07 2018
    CIRCULATED
  12. Jan 26 2018
    Brief amicus curiae of American College of Trust and Estate Counsel filed.
  13. Jan 24 2018
    SET FOR ARGUMENT ON Monday, March 19, 2018
  14. Jan 22 2018
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  15. Jan 22 2018
    Brief of petitioners Ashley Sveen, et al. filed.
  16. Jan 16 2018
    Motion to dispense with printing the joint appendix filed by petitioners Ashley Sveen, et al.
  17. Dec 18 2017
    Letter from counsel for petitioners regarding case caption filed.
  18. Dec 08 2017
    Petition GRANTED.
  19. Nov 20 2017
    DISTRIBUTED for Conference of 12/8/2017.
  20. Oct 23 2017
    Rescheduled.
  21. Oct 18 2017
    DISTRIBUTED for Conference of 11/3/2017.
  22. Oct 06 2017
    Reply of petitioners Ashley Sveen, et al. filed.
  23. Sep 29 2017
    Brief of respondent Kaye Melin in opposition filed.
  24. Aug 16 2017
    Order extending time to file response to petition to and including September 29, 2017.
  25. Aug 01 2017
    Response Requested. (Due August 31, 2017)
  26. Jul 19 2017
    DISTRIBUTED for Conference of September 25, 2017.
  27. Jun 05 2017
    Waiver of right of respondent Kaye Melin to respond filed.
  28. Jun 01 2017
    Petition for a writ of certiorari filed. (Response due July 3, 2017)