Details on today’s orders
on Jun 18, 2012 at 12:31 pm
This morning the Court granted certiorari in one new case, Smith v. United States (case page forthcoming), which involves the burden of persuasion when a defendant withdraws from a conspiracy. The Court also invited the Solicitor General to file briefs expressing the views of the United States in two new cases; the details on those are below the jump. The full order list is here. The Court did not act on either the Montana campaign finance case American Tradition Partnership, Inc. v. Bullock or the San Diego cross cases Mount Soledad Memorial Association v. Trunk and United States v. Trunk.
Blue Cross and Blue Shield of Montana, Inc. v. Fossen
Docket: 11-1155
Issue(s): Whether a substantive state-law insurance standard saved from preemption under the insurance saving clause of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1144(b)(2)(A), can be enforced through state-law remedies or instead is enforceable exclusively through ERISA’s enforcement scheme, 29 U.S.C. § 1132.
Certiorari stage documents:
- Opinion below (9th Cir.)
- Petition for certiorari
- Brief in opposition (forthcoming)
- Reply of petitioner
CVSG Information:
- Invited: June 18, 2012
Hillman v. Maretta
Docket: 11-1221
Issue(s): Whether 5 U.S.C. § 8705(a), any other provision of the Federal Employees Group Life Insurance Act of 1954 (FEGLIA), or any regulation promulgated thereunder preempts a state domestic relations equitable remedy which creates a cause of action against the recipient of FEGLI insurance proceeds after they have been distributed.
Certiorari stage documents:
CVSG Information:
- Invited: June 18, 2012
