Supreme Court of the United States · Official docket →
Casey Cunningham, et al. v. Cornell University, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-88, 21-96, 21-114 · judgment November 14, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
The Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1106(a)(1) (C), prohibits a plan fiduciary from "engag[ing] in a transaction, if he knows or should know that such transaction constitutes a direct or indirect furnishing of goods, services, or facilities between the plan and a party in interest." The statute elsewhere defines "party in interest" broadly to include a variety of parties that may contract with or provide services to a plan. See 29 U.S.C. § 1002(14)(B). The Eighth and Ninth Circuits have applied the Seventh, and Tenth Circuits have, on the other hand, required plaintiffs to allege additional elements to state a claim, because a "literal reading" of 29 U.S.C. § 1106(a)(1)(C) would purportedly produce "results that are inconsistent with ERISA's statutory purpose." Albert v. Oshkosh Corp., 47 F.4th 570, 585 (7th Cir. 2022). The question presented is: Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision's text.
Counsel of record
For petitioner
Xiao Wang
University of Virginia School of Law
For respondent
Nicole A. Saharsky
Mayer Brown LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
10 merits
(5 supporting pet./neither, 5 respondent)
Argument & decision
Argued January 22, 2025 — Xiao Wang · Nicole A. Saharsky. Audio and transcript
Decided April 17, 2025. Opinion by Sotomayor.
Proceedings
- May 19 2025Judgment Issued.
- Apr 17 2025Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Thomas and Kavanaugh, JJ., joined.
- Jan 22 2025Argued. For petitioners: Xiao Wang, Charlottesville, Va.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicole A. Saharsky, Washington, D. C.
- Jan 10 2025Reply of petitioners Casey Cunningham, et al. filed. (Distributed)
- Jan 08 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Jan 03 2025Brief amici curiae of American Council on Education, et al. filed. (Distributed)
- Jan 03 2025Brief amici curiae of The American Benefits Council, ERISA Industry Committee, the SPARK Institute filed. (Distributed)
- Jan 03 2025Brief amici curiae of AT&T Services, Inc., et al. filed. (Distributed)
- Jan 03 2025Brief amici curiae of Chamber of Commerce of the United States of America and National Association of Manufacturers filed. (Distributed)
- Jan 03 2025Brief amicus curiae of Encore Fiduciary filed. (Distributed)
- Dec 27 2024Brief of respondents Cornell University, et al. filed. (Distributed)
- Dec 20 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Dec 03 2024CIRCULATED
- Dec 02 2024Brief amicus curiae of United States filed. (Distributed)
- Nov 27 2024Brief amicus curiae of American Association for Justice filed. (Distributed)
- Nov 27 2024Brief amicus curiae of The Pension Rights Center filed. (Distributed)
- Nov 27 2024Brief amici curiae of Quinn Curtis, et al. filed. (Distributed)
- Nov 26 2024Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
- Nov 22 2024Brief of Casey Cunningham, et al. not accepted for filing. (December 02, 2024 - corrected booklets and PDF of brief to be submitted.)
- Nov 22 2024Brief of petitioners Casey Cunningham, et al. filed. (Distributed)
- Nov 22 2024Joint appendix filed. (2 volumes). (Statement of costs filed.) (Distributed)
- Nov 19 2024Record received electronically from the United States Court of Appeals for the Second Circuit and available for the Clerk.
- Nov 13 2024Record requested from the United States Court of Appeals for the Second Circuit
- Oct 31 2024SET FOR ARGUMENT on Wednesday, January 22, 2025.
- Oct 31 2024Motion to extend the time to file the briefs on the merits granted. The time for filing the joint appendix and petitioner's brief on the merits is extended to and including November 22, 2024. The time for filing respondents' brief on the merits is extended to and including December 27, 2024. The reply brief on the merits is due to be filed in compliance with Rule 25.3 on or before 2 p.m., Friday, January 10, 2025, and Rule 29.2 does not apply.
- Oct 25 2024Motion for an extension of time to file the briefs on the merits filed.
- Oct 04 2024Petition GRANTED.
- Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
- Aug 05 2024Reply of petitioners Casey Cunningham, et al. filed.
- Jul 22 2024Brief of respondents Cornell University, et al. in opposition filed.
- Jun 12 2024Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2024.
- Jun 11 2024Motion to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
- May 13 2024Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2024, for all respondents.
- May 09 2024Motion to extend the time to file a response from May 20, 2024 to June 19, 2024, submitted to The Clerk.
- Apr 18 2024Response Requested. (Due May 20, 2024)
- Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 05 2024Waiver of right of respondents Cornell University, et al. to respond filed.
- Mar 11 2024Petition for a writ of certiorari filed. (Response due April 12, 2024)