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Michael D. Ellis v. Liberty Life Assurance Company of Boston
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-1074 · judgment May 13, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a Tenth Circuit decision below, and down for a business respondent.
Question presented
The Employee Retirement Income Security Act of 1974, or ERISA, expressly saves certain state laws from preemption. For those state laws that are saved, federal courts must often decide which state’s law to apply. The question presented is: What is the correct test to apply in deciding whether an otherwise applicable state law—here, a state law prohibiting discretion-conferring provisions in insurance contracts—can be displaced by an ERISA plan’s choice-of-law clause?
Counsel of record
For petitioner
Jonathan Ellis Taylor
Gupta Wessler LLP
For respondent
Byrne Joseph Decker
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, April 26, 2021 · Certiorari denied
Proceedings
- Apr 26 2021Petition DENIED.
- Apr 08 2021Reply of petitioner Michael D. Ellis filed. (Distributed)
- Apr 07 2021DISTRIBUTED for Conference of 4/23/2021.
- Mar 18 2021Brief of respondent Liberty Life Assurance Company of Boston in opposition filed.
- Feb 05 2021Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2021.
- Feb 04 2021Motion to extend the time to file a response from February 16, 2021 to March 18, 2021, submitted to The Clerk.
- Jan 08 2021Petition for a writ of certiorari filed. (Response due February 16, 2021)