Editor's Note :

Editor's Note :

We are hosting an online symposium on Epic Systems v. Lewis, in which the court held 5-4 that arbitration clauses in employment contracts that require employees to forego class and collective actions are enforceable. Contributions are available at this link.

Blue Cross and Blue Shield of Montana, Inc. v. Fossen

Petition for certiorari denied on January 22, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
11-1155 9th Cir. N/A N/A N/A N/A OT 2012

Issue: 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.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 21 2012Petition for a writ of certiorari filed. (Response due April 23, 2012)
Apr 23 2012Brief of respondents Dale Fossen, et al. in opposition filed.
May 24 2012Reply of petitioner Blue Cross and Blue Shield of Montana, Inc. filed.
May 29 2012DISTRIBUTED for Conference of June 14, 2012.
Jun 18 2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 21 2012Brief amicus curiae of United States filed.
Jan 2 2013DISTRIBUTED for Conference of January 18, 2013.
Jan 8 2013Supplemental brief of petitioner Blue Cross and Blue Shield of Montana, Inc. filed. (Distributed)
Jan 22 2013Petition DENIED.
Term Snapshot