Supreme Court of the United States · Official docket →
Mark Zavislak v. Netflix, Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-4156, 24-4175 · judgment September 24, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
ERISA Section 104(b)(4) requires plan administrators to furnish beneficiaries upon written request “any … contract, or other instruments under which the plan is established or operated.” 29 U.S.C. § 1024(b)(4). Nine Courts of Appeals strictly adhere to this statutory text, requiring the disclosure of binding foundational documents that govern a plan’s operation such as claims administration agreements. In acknowledged conflict with its sister circuits, the Ninth Circuit stands alone in applying an atextual information test, allowing fiduciaries to withhold these governing contracts because they do not “provide individual participants with information about the plan and benefits.” The question presented is: Whether a contract that governs the administration of benefit claims is a “contract … under which the plan is established or operated” within the meaning of 29 U.S.C. § 1024(b)(4).
Counsel of record
For petitioner
Oral Shane Balloun
Balloun Law Professional Corporation
For respondent
Aaron Michael Streett
Baker Botts, L.L.P.
Proceedings
- Sep 02 2026Reply of Mark Zavislak submitted.
- Jul 15 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 25 2026Brief of respondent Netflix, Inc. in opposition filed.
- May 19 2026Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2026.
- May 18 2026Motion to extend the time to file a response from May 26, 2026 to June 25, 2026, submitted to The Clerk.
- Apr 24 2026Response Requested. (Due May 26, 2026)
- Apr 15 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 07 2026Waiver of right of respondent Netflix, Inc. to respond filed.
- Mar 24 2026Petition for a writ of certiorari filed. (Response due May 1, 2026)
- Jan 20 2026Application (25A825) granted by Justice Kagan extending the time to file until March 30, 2026.
- Jan 13 2026Application (25A825) to extend the time to file a petition for a writ of certiorari from January 29, 2026 to March 30, 2026, submitted to Justice Kagan.