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George W. Mathias v. United States District Court for the Central District of Illinois, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-3808 · judgment August 10, 2017
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.
Question presented
Congress enacted the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., “to protect * * * the interests of participants in employee benefit plans,” safeguarding their rights with “appropriate remedies, sanctions, and ready access to the Federal courts.” 29 U.S.C. 1001(b). Congress sought to secure that “ready access” with a liberal venue provision. This provision guarantees plan beneficiaries a specific choice to bring suit in any of three venues: “where the plan is administered, where the breach took place, or where a defendant resides or may be found.” 29 U.S.C. 1132(e)(2). Petitioner (who is 72, severely disabled, and has 10 years of formal education) filed suit in Pennsylvania as expressly authorized by that provision. But respondents moved to transfer his suit under the plan’s forum-selection clause; unlike ERISA’s broad venue rights, this clause restricts all suits to “the Central District of Illinois,” a location over 700 miles away. The Pennsylvania district court granted the transfer, and both the Illinois district court and a divided Seventh Circuit (over the vigorous objection of the United States Department of Labor) refused to retransfer the case to its initial location. The question presented is whether a contractual forum-selection clause purporting to override ERISA’s venue provision is invalid and unenforceable. (I) 231015.1
Counsel of record
For petitioner
Peter K. Stris
Stris and Maher LLP
For respondent
Mark A. Casciari
Seyfarth Shaw
Proceedings
- Jan 16 2018Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Dec 27 2017DISTRIBUTED for Conference of 1/12/2018.
- Dec 18 2017Waiver of right of respondent United States District Court for the Central District of Illinois, et al. to respond filed.
- Dec 14 2017Waiver of right of respondents Caterpillar Inc. Group Insurance Plan A, Caterpillar Inc. Group Insurance Plan B, and Caterpillar Inc. Retiree Group Insurance Plan to respond filed.
- Dec 06 2017Application (17A552) denied by Justice Kagan.
- Dec 01 2017Reply of applicant George W. Mathias filed.
- Nov 29 2017Response to application from respondents Caterpillar Inc. Group Insurance Plan A, et al. filed.
- Nov 29 2017Brief of Caterpillar Inc. Group Insurance Plan A, Caterpillar Inc. Group Insurance Plan B, and Caterpillar Inc. Retiree Group Insurance Plan in opposition not accepted for filing. (November 29, 2017)
- Nov 20 2017Response to application (17A552) requested by Justice Kagan, due Wednesday, November 29, 2017, by 3 p.m. ET.
- Nov 16 2017Application (17A552) for a stay pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
- Nov 14 2017Petition for a writ of certiorari filed. (Response due December 18, 2017)