Supreme Court of the United States · Official docket →
Susan Rene Jones v. Life Insurance Company of North America, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16172 · judgment November 17, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Do three inconsistent disability determinations supplanted by five inconsistent plan interpretations negate deference or constitute abuse of discretion/bad faith under Conkright’s “one strike” rule?
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Is deference to plan interpretations under Conkright’s undefined, “reasonable” safe harbor effectively unlimited? Does it extend to interpretations in litigation counsel’s briefs or of summary plan descriptions (SPDs)?
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After Amara, is an SPD evidence of plan meaning or is it meaningless? May an SPD also serve as the plan document? Does an umbrella plan’s incorporation by reference of a long term disability plan’s SPD repeal and replace the actual plan document?
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Do 29 U.S.C. 1132(c) penalties apply to administrative record documents defined in 29 C.F.R. 2560.503-1, issued pursuant to express Congressional delegation in 29 U.S.C. 1133?
Counsel of record
For petitioner
Robert B. Nichols Jr.
For respondent
Ronald Keith Alberts
Gordon Rees Scully Mansukhani, LLP
Proceedings
- Oct 01 2018Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Jun 22 2018Reply of petitioner Susan Rene Jones filed. (Distributed)
- Jun 13 2018DISTRIBUTED for Conference of 9/24/2018.
- May 31 2018Respondents Rule 29.6 Corporate Disclosure Statement received.
- May 25 2018Brief of respondents Merck Sharp & Dohme, et al. in opposition filed.
- Apr 24 2018Petition for a writ of certiorari filed. (Response due May 29, 2018)
- Mar 29 2018Application (17A1047) granted by Justice Kennedy extending the time to file until April 24, 2018.
- Mar 21 2018Application (17A1047) to extend the time to file a petition for a writ of certiorari from April 9, 2018 to June 8, 2018, submitted to Justice Kennedy.