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AGI Consulting LLC, by Assaf Al-Assaf as Trustee/Owner/Plan Administrator of an Alleged Non-Integrated Defined Benefit Plan v. American National Insurance Company

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-6060 · judgment January 9, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a federal-government petitioner and a Tenth Circuit decision below, and down for a business respondent.

Questions presented

i QUESTIONS TO BE CONSIDERED There is no uniformity among the Circuit Courts as to the meaning or application of the ERISA statute of limitations for breach of fiduciary duty, 29 U.S.C. §1113.

  1. What gives rise to abandonment of an issue on appeal?

  2. What does the “last action which constitutes [a breach] or a part of the breach” mean in 29 U.S.C. §1113?

  3. Can a litigant rely upon the plain meaning of a statute without abandoning an issue raised in the lower court and raised in their Brief in Chief on appeal to the Circuit Court?

  4. Does the exception to 29 U.S.C. §1113 apply to both the statute of repose, 29 U.S.C. §1113(1), and the statute of limitations provisions 29 U.S.C. §1113(2)?

  5. Does the context in which the word “discovery” as used in the exception contained in 29 U.S.C. §1113 mean actual discovery or constructive discovery?

Counsel of record

For petitioner
R. Robyn Assaf
R. Robyn Assaf Law Offices

For respondent
Jonathan A. Epstein
Hall, Estill, Hardwick, et al

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 01 2020
    Brief of respondent American National Insurance Company in opposition filed.
  4. Jun 04 2020
    Petition for a writ of certiorari filed. (Response due July 9, 2020)