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Decided

Conkright v. Frommert

Docket No.08-810
Op. Below2d Circuit
ArgumentJan 20, 2010

Holding

An employee health plan often has an administrator who must interpret its terms, and in some circumstances courts will defer to the administrator's reading. The Court held here that a plan administrator's interpretation is entitled to deference, even when the administrator had previously adopted a different interpretation that a court found erroneous.

Judgment

Reversed and remanded, 5-3, in an opinion by John Roberts on Apr 21, 2010. Justice Breyer dissented, joined by Justices Stevens and Ginsburg. Justice Sotomayor took no part in the decision.

Proceedings & orders timeline

Oct 17, 2008
Application (08A336) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Ginsburg.
Oct 20, 2008
Application (08A336) denied by Justice Ginsburg.
Dec 23, 2008
Petition for a writ of certiorari filed. (Response due January 29, 2009)
Dec 23, 2008
Appendix of petitioner Sally L. Conkright, et al. filed.
Jan 28, 2009
Brief of Sixty-Two Respondents, Paul J. Frommert, et al., and Seven Cross- Respondents in opposition filed.
Jan 29, 2009
Brief of Thirty-Three Respondents, Alvin M. Adams, et al. in opposition filed.
Jan 29, 2009
Motion for leave to file amicus brief filed by Business Roundtable.
Feb 2, 2009
Application (08A676) to file consolidated reply brief in excess of word limits, submitted to Justice Ginsburg.
Feb 10, 2009
Letter from counsel for the petitioners withdrawing application (08A676) for consideration.
Feb 10, 2009
Reply of petitioners Sally L. Conkright, et al. filed. (Distributed)
Feb 11, 2009
DISTRIBUTED for Conference of February 27, 2009.
Mar 2, 2009
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 9, 2009
Application (08A884) for stay pending disposition of the petition for a writ of certiorari, submitted to Justice Ginsburg.
Apr 14, 2009
Responses to application (08A884) requested by Justice Ginsburg, due close of business April 24, 2009.
Apr 24, 2009
Joint response in opposition to application (08A884) filed.
Apr 30, 2009
Application (08A884) denied by Justice Ginsburg. In Chambers Opinion issued by Justice Ginsburg.
May 28, 2009
Brief amicus curiae of United States filed. VIDED.
Jun 8, 2009
Supplemental brief of petitioners Sally L. Conkright, et al. filed. (Distributed)
Jun 9, 2009
DISTRIBUTED for Conference of June 25, 2009.
Jun 29, 2009
Motion for leave to file amicus brief filed by Business Roundtable GRANTED.
Jun 29, 2009
Petition GRANTED.
Jul 20, 2009
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including September 14, 2009.
Jul 20, 2009
The time within which to file respondents' briefs on the merits is extended to and including November 13, 2009.
Sep 14, 2009
Joint appendix filed. Statement of costs received.
Sep 14, 2009
Brief of petitioners Sally L. Conkright, et al. filed.
Sep 21, 2009
Brief amici curiae of Chief Actuaries filed.
Sep 21, 2009
Brief amici curiae of Business Roundtable, et al. filed.
Sep 21, 2009
Brief amici curiae of ERISA Industry Committee and American Benefits Council filed.
Nov 2, 2009
SET FOR ARGUMENT ON Wednesday, January 20, 2010.
Nov 13, 2009
Brief of respondents Paul J. Frommert, et al. filed.
Nov 20, 2009
Brief amicus curiae of United States filed.
Nov 20, 2009
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 20, 2009
Brief amici curiae of Janice C. Amara, et al. filed. (Distributed)
Nov 20, 2009
Brief amicus curiae of AARP filed. (Distributed)
Nov 20, 2009
Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Nov 20, 2009
Brief amici curiae of Law Professors filed. (Distributed)
Nov 20, 2009
Brief amicus curiae of Richard C. Capone filed. (Distributed)
Nov 23, 2009
CIRCULATED.
Dec 11, 2009
Record received from U.S.C.A. for Second Circuit. (1 Box)
Dec 14, 2009
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Dec 14, 2009
Reply of petitioners Sally L. Conkright, et al. filed. (Distributed)
Dec 16, 2009
Record received from U.S.D.C. for Western District of New York. (1 envelope and 2 boxes)
Jan 20, 2010
Argued. For petitioners: Robert A. Long, Jr., Washington, D.C. For respondents: Peter K. Stris, Costa Mesa, Cal.; and Matthew D. Roberts, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Apr 21, 2010
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case.
May 24, 2010
JUDGMENT ISSUED.
May 26, 2010
Record returned to U.S.C.A., 2nd Circuit (1) box.
May 26, 2010
Record returned to U.S.D.C. for the Western Dist. of NY. (1 envelope and 2 boxes.)

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