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Shelby L. Haynes, et al. v. Central States, Southeast and Southwest Areas Health and Welfare Fund, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2589 · judgment July 20, 2020


Certiorari denied · April 26, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Can an ERISA plan fiduciary assert equitable lien by agreement claims against persons with which it has no agreement?

  2. Can the undisclosed conditions subsequent of an ERISA plan be applied retroactively against individuals with whom the ERISA plan administrator has no agreement?

  3. Where a summary plan description omits an ERISA plan’s common fund-negating language, under what circumstances does the common fund rule operate?

Counsel of record

For petitioner
John Alan Yaklevich
Moore & Yaklevich

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 26 2021
    Petition DENIED.
  2. Apr 07 2021
    DISTRIBUTED for Conference of 4/23/2021.
  3. Dec 15 2020
    Petition for a writ of certiorari filed. (Response due March 24, 2021)