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Rozalyn Ragan, Personal Representative of the Estate of Charles Phillip Ragan, Deceased v. Melissa Ragan, aka Melissa Hudson
Paid petition · Court of Appeals of Colorado, No. 20CA0038 · judgment May 27, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
In Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, 555 U.S. 285 (2009), this Court held that ERISA foreclosed a claim against a plan administrator seeking to force the administrator to pay out benefits to someone other than the beneficiary named in the plan documents. In the course of that decision, however, this Court expressly declined to decide whether a party “could have brought an action in state or federal court against [the named beneficiary] to obtain the benefits after they were distributed.” Id. at 300 n.10. Since Kennedy, federal and state courts have split over whether ERISA preempts a state-law claim brought to recover proceeds that have already been distributed. In this case, the Colorado court of appeals deepened the split by holding that a post-distribution claim is preempted under ERISA’s express-preemption clause. The question presented is: Whether, after an ERISA plan administrator has fully distributed life insurance plan proceeds, ERISA preempts a claimant’s state-law right to those proceeds.
Counsel of record
For petitioner
Matthew W.H. Wessler
Gupta Wessler PLLC
For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
Proceedings
- Jan 09 2023Petition DENIED.
- Nov 30 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 23 2022Reply of petitioner Rozalyn Ragan, Personal Representative of the Estate of Charles Phillip Ragan, Deceased filed.
- Nov 10 2022Brief of respondent Melissa Ragan, aka Melissa Hudson in opposition filed.
- Oct 04 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2022.
- Oct 03 2022Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
- Aug 25 2022Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022. See Rule 30.1.
- Aug 24 2022Motion to extend the time to file a response from September 8, 2022 to October 10, 2022, submitted to The Clerk.
- Aug 09 2022Response Requested. (Due September 8, 2022)
- Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 15 2022Petition for a writ of certiorari filed. (Response due July 18, 2022)
- Jun 06 2022Application (21A689) denied by Justice Gorsuch.
- Jun 01 2022Application (21A689) to extend further the time from June 15, 2022 to June 22, 2022, submitted to Justice Gorsuch.
- May 05 2022Application (21A689) granted by Justice Gorsuch extending the time to file until June 15, 2022.
- May 02 2022Application (21A689) to extend the time to file a petition for a writ of certiorari from May 15, 2022 to July 14, 2022, submitted to Justice Gorsuch.