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Hawaii Management Alliance Association v. Randy Rudel

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-17395, 17-17460 · judgment September 11, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

If state statutes create an adjudicatory procedure that is contrary to the exclusive civil enforcement mechanism under the Employee Retirement Income Security Act of 1974 (“ERISA”), can they provide the “relevant rule of decision” in an action brought under 29 U.S.C. § 1132 (ERISA § 502(a))?

Counsel of record

For petitioner
Jordon Jun Kimura
McCoriston Miller Mukai MacKinnon LLP

For respondent
Allen Kenneth Williams
Trecker Fritz & Williams

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 22 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 09 2020
    Waiver of right of respondent Randy Rudel to respond filed.
  4. Dec 10 2019
    Petition for a writ of certiorari filed. (Response due January 13, 2020)