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First Reliance Standard Life Insurance Company v. Giorgio Armani Corporation

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-55314, 20-55581 · judgment July 9, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether, under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, a fiduciary can seek contribution and indemnity from a co-fiduciary. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP

For respondent
Matthew Gregory Kleiner
Gordon Rees Scully Mansukhani, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 26 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 25 2022
    Reply of petitioner First Reliance Standard Life Insurance Company filed. (Distributed)
  4. Jan 10 2022
    Brief of respondent Giorgio Armani Corporation in opposition filed.
  5. Dec 07 2021
    Petition for a writ of certiorari filed. (Response due January 10, 2022)