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Zaid Abdul-Aziz v. National Basketball Association Players' Pension Plan

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-782-cv · judgment November 12, 2019


Certiorari denied · March 23, 2020
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Under ERISA, the National Basketball Association’s retirement plan has a statutory obligation to continuously recalculate retirement benefits during a player’s natural life upon the accrual of any “accrued benefit,” even for those retired players who elected to receive an actuarial equivalent instead of a life annuity. Thus, did the Second Circuit legally err in its application of ERISA – not only deviating from its own decision in Esden v. Bank of Boston, 229 F.3d 154 (2d Cir. 2000), but more importantly simultaneously creating a split in ERISA jurisprudence with its sister circuits as well – by holding the following in a summary opinion order involving retired professional basketball players of the National Basketball Association? That the statute of limitations on a player’s ERISA denial-of-benefits claim – specifically one involving an “accrued benefit” that might or might not arise subsequent to receiving an actuarial equivalent – automatically begins to accrue by the mere identification of the scheduled end date of the actuarial equivalent, as required by ERISA § 204(c)(3), and even though the “accrued benefit” at issue had not arisen before the scheduled end date of the actuarial equivalent, and thus had not yet legally accrued for purposes of New York’s breach of contract statute of limitations.

Counsel of record

For petitioner
—

For respondent
John Edward Roberts
Proskauer Rose LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 23, 2020 · Certiorari denied

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 21 2020
    Waiver of right of respondent National Basketball Association Players' Pension Plan to respond filed.
  4. Feb 10 2020
    Petition for a writ of certiorari filed. (Response due March 13, 2020)