Supreme Court of the United States · Official docket →
AT&T Services, Inc., et al. v. Robert J. Bugielski, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56196 · judgment August 4, 2023
Certiorari denied · April 28, 2025
Pre-decision estimate: 6% cert probability (95% interval 5%–9%)
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a business petitioner.
Question presented
Whether a fiduciary to an employee benefit plan causes the plan to engage in a prohibited transaction under Section 406(a)(1)(C) of the Employee Retirement Income Security Act of 1974 by entering a routine, arm’s-length agreement for plan services.
Counsel of record
For petitioner
Allyson Ho
Gibson, Dunn & Crutcher LLP
For respondent
John Nestico
Schneider Wallace LLP
Proceedings
- Apr 28 2025Petition DENIED.
- Apr 21 2025DISTRIBUTED for Conference of 4/25/2025.
- Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
- Aug 27 2024Reply of petitioners AT&T Services, Inc., et al. filed.
- Aug 09 2024Brief of respondents Robert Bugielski, et al. in opposition filed.
- Jul 09 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2024.
- Jul 08 2024Motion to extend the time to file a response from July 10, 2024 to August 9, 2024, submitted to The Clerk.
- Jun 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including July 10, 2024.
- Jun 04 2024Motion to extend the time to file a response from June 10, 2024 to July 10, 2024, submitted to The Clerk.
- May 09 2024Brief amici curiae of The ERISA Industry Committee, et al. filed.
- May 02 2024Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2024. (30-day extension)
- Apr 29 2024Motion to extend the time to file a response from May 9, 2024 to June 10, 2024, submitted to The Clerk.
- Apr 05 2024Petition for a writ of certiorari filed. (Response due May 9, 2024)
- Feb 28 2024Application (23A637) granted by Justice Kagan extending the time to file until April 6, 2024.
- Feb 26 2024Application (23A637) to extend further the time from March 7, 2024 to April 6, 2024, submitted to Justice Kagan.
- Jan 11 2024Application (23A637) granted by Justice Kagan extending the time to file until March 7, 2024.
- Jan 08 2024Application (23A637) to extend the time to file a petition for a writ of certiorari from February 6, 2024 to March 7, 2024, submitted to Justice Kagan.