Decided

No. 11-1285

US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan v. James E. McCutchen, et al.

from the United States Court of Appeals for the Third Circuit

See other cases from the Third Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.

Argued. For petitioner: Neal Kumar Katyal, Washington, D. C. For United States, as amicus curiae: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew W. H. Wessler, Washington, D. C.

LODGING received from counsel for the respondents. (Distributed)

Letter proposing a lodging of the U.S. Airways, Inc. Health Benefit Plan ("Plan") received from counsel for respondents. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed. (Distributed)

Brief amici curiae of AARP, et al. filed. (Distributed)

Brief amicus curiae of Michigan Association for Justice filed. (Distributed)

Brief amici curiae of Law Professors filed. (Distributed)

Brief amicus curiae of American Association for Justice filed. (Distributed)

Brief amicus curiae of Consumer Watchdog filed. (Distributed)

Brief amici curiae of United Policyholders, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Pennsylvania Association for Justice filed. (Distributed)

Brief of respondents James E. McCutchen, et al. filed. (Distributed)

Record received from the U.S.C.A. for the Third Circuit is electronic. And the record from the U.S.D.C. for Western District of Pennsylvania is included in this record.

SET FOR ARGUMENT ON Tuesday, November 27, 2012.

CIRCULATED

Brief amicus curiae of Central States, Southeast and Southwest Areas Health and Welfare Fund filed.

Brief amicus curiae of the United States in support of neither party filed.

Brief amici curiae of Blue Cross Blue Shield Association, et al. filed.

Brief amicus curiae of National Coordinating Committee for Multiemployer Plans filed.

Brief amici curiae of National Association of Subrogation Professionals, et al. filed.

Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.

Brief of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed.

Joint appendix filed. (Statement of costs received.)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner, and counsel for the respondents.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2012.

The time to file respondent's brief on the merits is extended to and including October 18, 2012.

Petition GRANTED.

Letter of June 20, 2012, from counsel for respondents received. (Distributed)

Letter of June 20, 2012, from counsel for petitioner received. (Distributed)

Letter of June 7, 2012, from counsel for respondents received. (Distributed)

Reply of petitioner US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan filed. (Distributed)

Brief of respondents James E. McCutchen, et al. in opposition filed. (Distributed)

DISTRIBUTED for Conference of June 21, 2012.

Brief amici curiae of National Association of Subrogation Professionals, et al. filed.

Order extending time to file response to petition to and including June 5, 2012.

Petition for a writ of certiorari filed. (Response due May 25, 2012)

Application (11A879) granted by Justice Alito extending the time to file until May 3, 2012.

Response to application from respondents James E. McCutchen, et al. filed.

Application (11A879) to extend the time to file a petition for a writ of certiorari from April 3, 2012 to May 23, 2012, submitted to Justice Alito.

Parties

US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan, Petitioner, represented by Neal Kumar Katyal

Amici Curiae

AARP, et al., Amicus Curiae, represented by Mary Ellen Signorille

American Association for Justice, Amicus Curiae, represented by Jeffrey R. White

Blue Cross Blue Shield Association, et al., Amicus Curiae, represented by Lisa S. Blatt

Central States, Southeast and Southwest Areas Health and Welfare Fund, Amicus Curiae, represented by Robert Anthony Coco

Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by Jonathan D. Hacker

Consumer Watchdog, Amicus Curiae, represented by Brian Wolfman

Law Professors, Amicus Curiae, represented by Pammela Quinn Saunders

Michigan Association for Justice, Amicus Curiae, represented by Robert Brown June

National Association of Subrogation Professionals, et al., Amicus Curiae, represented by John David Kolb

National Association of Subrogation Professionals, et al., Amicus Curiae, represented by William S. Consovoy

National Coordinating Committee for Multiemployer Plans, Amicus Curiae, represented by Sally M. Tedrow

Pennsylvania Association for Justice, Amicus Curiae, represented by Charles L. Becker

the United States in support of neither party, Amicus Curiae, represented by Donald B. Verrilli Jr.

United Policyholders, et al., Amicus Curiae, represented by Tybe Ann Brett

US Airways, Inc., in its Capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan v. James E. McCutchen, et al., Amicus Curiae, represented by Joseph Russell Palmore

 
Last updated: February 16, 2016