Supreme Court of the United States · Official docket →
Jerry Aldridge, et al. v. Regions Bank
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-5603 · judgment July 17, 2025
Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below, and down for a business respondent.
Questions presented
Under § 502(a)(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132(a)(3), a beneficiary may bring suit to obtain “appropriate equitable relief.” The questions presented are:
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Whether, when proceeding under § 1132(a)(3), a beneficiary may seek surcharge, a remedy that this Court has described as being “exclusively equitable.” CIGNA Corp. v. Amara, 563 U.S. 421, 442 (2011).
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Whether, if surcharge is unavailable under § 1132(a)(3), a beneficiary may pursue state-law claims arising out of a contract that is separate and apart from an ERISA plan and that is not required by the plan, or whether these state-law claims are preempted, thereby leaving the beneficiary without a remedy under either federal or state law.
Counsel of record
For petitioner
Xiao Wang
University of Virginia School of Law
For respondent
Gregory George Garre
Latham & Watkins LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage
Linked docket
25A400
Orders
Order list, April 6, 2026
Order list, October 13, 2026 · Certiorari denied
Proceedings
- Oct 13 2026Petition DENIED.
- Sep 16 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 16 2026Supplemental brief of petitioners Jerry Aldridge, et al. filed. (Distributed)
- Aug 31 2026Brief amicus curiae of United States filed.
- Apr 06 2026The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Mar 17 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 17 2026Reply of petitioners Jerry Aldridge, et al. filed. (Distributed)
- Feb 27 2026Brief of respondent Regions Bank in opposition filed.
- Jan 28 2026Brief amicus curiae of Samuel L. Bray filed.
- Jan 22 2026Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
- Jan 21 2026Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
- Dec 29 2025Response Requested. (Due January 28, 2026)
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 15 2025Waiver of right of respondent Regions Bank to respond filed.
- Nov 14 2025Petition for a writ of certiorari filed. (Response due December 19, 2025)
- Oct 07 2025Application (25A400) granted by Justice Kavanaugh extending the time to file until November 14, 2025.
- Oct 03 2025Application (25A400) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to Justice Kavanaugh.