Editor's Note :

Editor's Note :

We expect orders from the February 23 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
On Monday the court hears oral argument in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Amy Howe has our preview.
On Monday the court also hears oral argument in Ohio v. American Express Co. Beth Farmer has our preview.

California Physicians’ Service v. Harlick

Petition for certiorari denied on March 4, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-457 9th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the doctrine of waiver applies when an ERISA plan administrator denies a claim for benefits on the ground that the ERISA plan does not provide coverage, and later wants to assert or investigate a ground for denial not stated in the initial denial letter; and (2) whether, if the doctrine of waiver can be applied generally in the above context, it applies in the specific instance where the ERISA plan did not have sufficient facts to have asserted the additional basis for denial when it denied the claim.

DateProceedings and Orders
Oct 10 2012Petition for a writ of certiorari filed. (Response due November 13, 2012)
Nov 1 2012Waiver of right of respondent Jeanene Harlick to respond filed.
Nov 13 2012DISTRIBUTED for Conference of November 30, 2012.
Nov 13 2012Brief amicus curiae of Blue Cross Blue Shield Association filed. (Distributed)
Nov 13 2012Brief amici curiae of Association of California Life and Health Insurance Companies, et al.
Nov 27 2012Response Requested . (Due December 27, 2012)
Dec 12 2012Order extending time to file response to petition to and including January 28, 2013.
Jan 28 2013Brief of respondent Jeanene Harlick in opposition filed.
Feb 5 2013Reply of petitioner California Physicians' Service, dba Blue Shield of California filed.
Feb 13 2013DISTRIBUTED for Conference of March 1, 2013.
Mar 4 2013Petition DENIED.
Term Snapshot