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Decided

Hardt v. Reliance Standard Life Insurance Co.

Docket No.09-448
Op. Below4th Circuit
ArgumentApr 26, 2010

Holding

In certain retirement-benefits cases, a party requesting attorney's fees from the court does not need to be the prevailing party? in the case; a court may award fees to her as long as she has achieved some degree of success? in the case.

Judgment

Reversed and Remanded, 9-0, in an opinion by Clarence Thomas on May 24, 2010. Justice Stevens concurred in part and in the judgment.

Proceedings & orders timeline

Oct 14, 2009
Petition for a writ of certiorari filed. (Response due November 16, 2009)
Oct 26, 2009
Waiver of right of respondent Reliance Standard Life Insurance Company to respond filed.
Nov 9, 2009
DISTRIBUTED for Conference of November 24, 2009.
Nov 17, 2009
Response Requested . (Due December 17, 2009)
Dec 16, 2009
Brief of respondent Reliance Standard Life Insurance Company in opposition filed.
Dec 29, 2009
Reply of petitioner Bridget Hardt filed.
Dec 30, 2009
DISTRIBUTED for Conference of January 15, 2010.
Jan 15, 2010
Petition GRANTED. The brief of petitioner is to be filed on or before Thursday, February 25, 2010. The brief of respondent is to be filed on or before Thursday, March 25, 2010. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rules of this Court.
Feb 16, 2010
SET FOR ARGUMENT ON Monday, April 26, 2010.
Feb 24, 2010
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.
Feb 25, 2010
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Feb 25, 2010
Brief of petitioner Bridget Hardt filed.
Feb 25, 2010
Joint appendix filed. (Statement of costs filed)
Mar 4, 2010
Brief amicus curiae of United States filed.
Mar 4, 2010
Brief amicus curiae of United Policyholders filed.
Mar 4, 2010
Brief amici curiae of AARP and National Employment Lawyers Association filed.
Mar 5, 2010
Record received from U.S.C.A. for 4th Circuit. (1 envelope)
Mar 18, 2010
CIRCULATED.
Mar 24, 2010
Brief of respondent Reliance Standard Life Insurance Company filed. (Distributed)
Mar 26, 2010
Proposal to lodge copies of the Independent Medical Examination report of Edward R. Isaacs, M.D. (May 1, 2008) received from counsel for the respondent.
Mar 31, 2010
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 31, 2010
Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)
Apr 16, 2010
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 19, 2010
Reply of petitioner Bridget Hardt filed. (Distributed)
Apr 26, 2010
Argued. For petitioner: John R. Ates, Alexandria, VA.; and Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Nicholas Q. Rosenkranz, Washington, D. C.
May 24, 2010
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined, and in which Stevens, J., joined as to Parts I and II. Stevens, J., filed an opinion concurring in part and concurring in the judgment.
Jun 25, 2010
JUDGMENT ISSUED.
Jun 25, 2010
Record returned to the USCA for the Fourth Circuit. 1-envelope
Jun 25, 2010
Record returned to the USDC for the Eastern District of Virginia (Norfolk). 1-box

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