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Collette Campbell v. We Transport, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1289 · judgment May 14, 2021


Certiorari denied · January 18, 2022
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 the “Cat’s Paw Doctrine” is applicable in this case when established claims procedures in an ERISA group insurance claim are not followed when disbursing death benefit claims?

  2. Whether an ERISA group life insurance policy is a” Probate Asset” when there are no written contractual provisions in the policy to provide for a situation when there is no beneficiary on file, missing beneficiary, no designated/name beneficiary?

  3. Whether an employer/sponsor breached their duties when they failed to properly maintain beneficiary records?

  4. Whether an insurance carrier breached their duties when they applied unwritten contractual provisions in expediting a death benefit claim?

  5. Whether the District Court and the Court of Appeals erred by upholding the fiduciaries determi­ nation that the death benefit claim in this case was properly processed within ERISA mandates?

  6. Whether insurance fraud and fraud on the courts was committed?

Counsel of record

For petitioner
Collette Campbell

For respondent
Michael H. Bernstein
Robinson & Cole LL P

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 18 2022
    Petition DENIED.
  2. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  3. Dec 13 2021
    Brief of respondents We Transport, Inc., et al. in opposition filed.
  4. Oct 05 2021
    Petition for a writ of certiorari filed. (Response due December 13, 2021)