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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


3%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 10%
GVR risk 1%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

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:

  1. 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).

  2. 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

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
25A400

Proceedings

  1. Aug 31 2026
    Brief amicus curiae of United States filed.
  2. Apr 06 2026
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  3. Mar 17 2026
    DISTRIBUTED for Conference of 4/2/2026.
  4. Mar 17 2026
    Reply of petitioners Jerry Aldridge, et al. filed. (Distributed)
  5. Feb 27 2026
    Brief of respondent Regions Bank in opposition filed.
  6. Jan 28 2026
    Brief amicus curiae of Samuel L. Bray filed.
  7. Jan 22 2026
    Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
  8. Jan 21 2026
    Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
  9. Dec 29 2025
    Response Requested. (Due January 28, 2026)
  10. Dec 16 2025
    DISTRIBUTED for Conference of 1/9/2026.
  11. Dec 15 2025
    Waiver of right of respondent Regions Bank to respond filed.
  12. Nov 14 2025
    Petition for a writ of certiorari filed. (Response due December 19, 2025)
  13. Oct 07 2025
    Application (25A400) granted by Justice Kavanaugh extending the time to file until November 14, 2025.
  14. Oct 03 2025
    Application (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.