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Norine Sylvia Cave v. Delta Dental of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-17134 · judgment December 18, 2019


Certiorari denied · November 2, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether a covered entity violates ERISA, by improperly denying beneficiaries' rights and further compounds such violations by approving unauthorized benefits while withholding medical records in its entirety, in order to avoid liability and to conceal its breaches of fiduciary duties?

  2. Where a Plan's fiduciary holds the authority and sole responsibility of adjudicating claims governed by ERISA and fails to follow the terms under the Plan, would a beneficiary have the equal right to challenge a fraudulent claim/determination under the same standard of review as a denied claim for relief pursuant to ERISA §§ 502(a), 502(a)(3)?

Counsel of record

For petitioner
Norine Sylvia Cave

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 11 2021
    Rehearing DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 27 2020
    Petition for Rehearing filed.
  4. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  5. Oct 14 2020
    DISTRIBUTED for Conference of 10/30/2020.
  6. Aug 20 2020
    Petition for a writ of certiorari filed. (Response due September 28, 2020)