Supreme Court of the United States · Official docket →
Judith Kerns, et al. v. Caterpillar, Inc.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5384 · judgment November 13, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
With respect to the surviving spouse class members whose retiree-spouses died on or after January 10, 2005 (after expiration of the 1998 contracts) (“Group 2”), did the Sixth Circuit misapply M&G Polymers USA, LLC v. Tackett, 135 S.Ct. 926 (2015), and related cases and misconstrue the applicable collectivelybargained agreements to find Group 2 surviving spouses have no right to healthcare benefits after the expiration of the agreements?
Counsel of record
For petitioner
Lisa Maureen Smith
McKnight, Canzano, Smith, Radtke & Brault, P.C.
For respondent
Linda T. Coberly
Winston & Strawn, LLP
Proceedings
- Jun 08 2020Petition DENIED.
- May 19 2020DISTRIBUTED for Conference of 6/4/2020.
- May 13 2020Waiver of right of respondent Caterpillar, Inc. to respond filed.
- Apr 13 2020Petition for a writ of certiorari filed. (Response due May 18, 2020)
- Mar 02 2020Application (19A870) granted by Justice Sotomayor extending the time to file until April 13, 2020.
- Feb 20 2020Application (19A870) to extend further the time from March 18, 2020 to April 11, 2020, submitted to Justice Sotomayor.
- Feb 04 2020Application (19A870) granted by Justice Sotomayor extending the time to file until March 18, 2020.
- Jan 30 2020Application (19A870) to extend the time to file a petition for a writ of certiorari from February 11, 2020 to March 18, 2020, submitted to Justice Sotomayor.