Supreme Court of the United States · Official docket →
Bernard McLaughlin v. National Elevator Industry Health Benefit Plan Board of Trustees
Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1083 · judgment May 21, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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After Third Circuit had affirmed an Order in favor of an ERISA plan by recharacterizing it as a monetizing of a lien rather than a personal money judgment, did the Court err by not correcting the ERISA Plan’s misuse of that Order when the Plan docketed it under a state law available only for money judgments, contrary to ERISA’s prohibition on relief at law.
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Did the Third Circuit err by not permitting the Participant discovery on whether the Plan’s withholding of benefits as a set-off had reached the point whether his indebtedness to the Plan had been satisfied.
Counsel of record
For petitioner
Steven Lee Kessel
Drazin & Warshaw, P.C.
For respondent
John David Kolb
Kolb Clare & Arnold, PSC
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 15 2019Petition DENIED.
- Sep 25 2019DISTRIBUTED for Conference of 10/11/2019.
- Sep 10 2019Brief of respondent Board of Trustees of the National Elevator Industry Health Benefit Plan in opposition filed.
- Aug 07 2019Petition for a writ of certiorari filed. (Response due September 12, 2019)