Supreme Court of the United States · Official docket →
Thomas P. Kelly, Jr. v. Reliance Standard Life Insurance Company, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1162 · judgment February 28, 2019
Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Should this Court resolve the conflict among the Circuits about whether it would be futile to require an ERISA plan participant upon remand to retroactively seek benefits under the “any occupation” definition for total disability when the same decision maker had already denied him benefits under the less stringent “own occupation” standard?
Counsel of record
For petitioner
Dennis P. Derrick
For respondent
Joshua Bachrach
Wilson Elser Moskowitz Edelman & Dicker LLP
Proceedings
- Oct 07 2019Petition DENIED.
- Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 02 2019Waiver of right of respondent Reliance Standard Life Ins. Co. to respond filed.
- Jul 26 2019Petition for a writ of certiorari filed. (Response due August 30, 2019)
- Jun 18 2019Application (18A1327) granted by Justice Alito extending the time to file until July 26, 2019.
- Jun 13 2019Application (18A1327) to extend the time to file a petition for a writ of certiorari from June 26, 2019 to August 25, 2019, submitted to Justice Alito.