from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Record returned to U.S.D.C. for the Eastern District of Texas.
Record returned to the U.S.C.A. for the 5th Circuit.
JUDGMENT ISSUED.
Adjudged to be AFFIRMED. Souter, J., delivered the opinion for a unanimous Court. (orders list)
Supplemental brief of respondents filed. (Distributed)
Supplemental brief of United States supporting respondents filed. (Distributed)
Supplemental brief of petitioner filed. (Distributed)
The parties are directed to file supplemental briefs addressing the following question: Whether 29 U.S.C. ยง1104(a)(1)(D), mandating administration of a plan in accordance with plan documents, required that the distribution in question be made to Liv Kenne
Argued. For petitioner: David A. Furlow, Houston, Tex. For United States as amicus curiae: Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For respondents: Mark I. Levy, Washington, D.C.
Exhibits received from the U.S.D.C. for the Eastern District of Texas.
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)
Motion for leave to file amici brief filed by American Benefits Council, et al. GRANTED. (orders list)
Reply of petitioner Kari E. Kennedy filed. (Distributed)
Letter of consent to the filing of the motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument from counsel for the petitioner filed.
Opposition of petitioner in response to motion of amici American Benefits Council, et al. for leave to file a brief as amici curiae.
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief amicus curiae of Western Conference of Teamsters Pension Trust Fund filed. (Distributed)
Motion for leave to file amici brief filed by American Benefits Council, et al.
Brief of respondents Plan Administrator for DuPont Savings and Investment Plan, et al. filed. (DISTRIBUTED)
CIRCULATED
SET FOR ARGUMENT ON Tuesday October 7, 2008.
The time within which to file respondents' brief on the merits is extended to and including July 8, 2008.
Brief amicus curiae of AARP in support of neither party filed.
Brief amicus curiae of United States in support of neither party filed.
Brief of petitioner Kari E. Kennedy filed.
Joint appendix filed. (Statement of costs received)
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 5, 2008.
Record received from the U.S.D.C. for the Eastern District of Texas. (1 box)
Record received from U.S.C.A. for the 5th Circuit. (1 envelope)
Petition GRANTED limited to Question 3 presented by the petition. (orders list)
Reply of petitioner Kari E. Kennedy filed.
Brief of respondents E.I DuPont De Nemours and Company, et al. in opposition filed.
Order extending time to file response to petition to and including January 16, 2008.
Petition for a writ of certiorari filed. (Response due December 17, 2007)
Kari Ellen Kennedy, Executrix of the Estate of William Patrick Kennedy, Deceased, Petitioner, represented by Stacy L. Kelly
Kari Ellen Kennedy, Executrix of the Estate of William Patrick Kennedy, Deceased, Petitioner, represented by David A. Furlow
E. I. DuPont De Nemours and Company, et al., Respondent, represented by Raymond M. Ripple
Plan Administrator for DuPont Savings and Investment Plan, et al., Respondent, represented by Mark I. Levy
AARP, Amicus Curiae, represented by Mary Ellen Signorille
American Benefits Council, et al., Amicus Curiae, represented by Kent A. Mason
Kari E. Kennedy, et al. v. Plan Administrator for DuPont Savings and Investment Plan, et al., Amicus Curiae, represented by Leondra Reid Kruger
United States in support of neither party, Amicus Curiae, represented by Edwin S. Kneedler
Western Conference of Teamsters Pension Trust Fund, Amicus Curiae, represented by R. Bradford Huss