Supreme Court of the United States · Official docket →
Erica Talasek v. National Oilwell Varco, L.P.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20069 · judgment October 19, 2021
Certiorari denied · May 23, 2022
Pre-decision estimate: 5% cert probability
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Whether the beneficiary of an employee benefits plan can bring an equitable estoppel claim under ERISA based on misrepresentations at variance with the terms of the plan.
Counsel of record
For petitioner
Stuart Banner
UCLA School of Law Supreme Court Clinic
For respondent
Wesley Earl Stockard
Littler Mendelson, P.C.
Proceedings
- May 23 2022Petition DENIED.
- May 03 2022DISTRIBUTED for Conference of 5/19/2022.
- Apr 22 2022Reply of petitioner Erica Talasek filed.
- Apr 18 2022Brief of respondent National Oilwell Varco, L.P. in opposition filed.
- Mar 15 2022Petition for a writ of certiorari filed. (Response due April 18, 2022)
- Jan 10 2022Application (21A305) granted by Justice Alito extending the time to file until March 16, 2022.
- Jan 06 2022Application (21A305) to extend the time to file a petition for a writ of certiorari from February 14, 2022 to March 16, 2022, submitted to Justice Alito.