Issue: Whether a participant in an employee benefit plan governed by ERISA may commence and control litigation on the plan’s behalf against a service provider hired by a plan administrator or trustee without first presenting the plan’s claim to the administrator or trustee.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.