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Robert Hoch v. MBI Energy Services

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1539 · judgment July 3, 2019


Certiorari denied · November 18, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether an ERISA Plan Administrator may enforce reimbursement provisions against an ERISA beneficiary that are contained only in a Summary Plan Description and where no ERISA Plan document containing the reimbursement provisions exists, in contravention of this Court’s holding in Cigna Corp. v. Amara, 563 U.S. 421 (2011), that enforceable terms within ERISA must be contained in the Plan document and cannot be contained only in a Summary Plan Description.

Counsel of record

For petitioner
Robert L Pratter
Cohen, Placitella and Roth

For respondent
John Gordon Howard
Russell, Oliver & Stephens, PLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 18 2019
    Petition DENIED.
  2. Oct 30 2019
    DISTRIBUTED for Conference of 11/15/2019.
  3. Oct 22 2019
    Waiver of right of respondent MBI Energy Services to respond filed.
  4. Oct 01 2019
    Petition for a writ of certiorari filed. (Response due November 4, 2019)