No. 18-578

William L. Pender, et al. v. Bank of America Corporation, et al.

Lower Court: Fourth Circuit
Docketed: 2018-11-02
Status: Denied
Type: Paid
Tags: appropriate-relief benefit-plan civil-procedure divided-bench employee-benefits equitable-relief equity-courts erisa judicial-remedy pension-law solicitor-general statutory-interpretation
Latest Conference: 2019-02-22
Question Presented (from Petition)

Whether the word "appropriate" in ERISA § 502(a)(3) authorizes ERISA courts to decline to award an established equitable remedy based on considerations that an equity court in the days of the divided bench would have deemed legally irrelevant for purposes of the specific remedy at issue.

Question Presented (AI Summary)

Whether the word appropriate' in ERISA § 502(a)(8) authorizes ERISA courts to decline to award an established equitable remedy based on considerations that an equity court in the days of the divided bench would have deemed legally irrelevant for purposes of the specific remedy at issue

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Reply of petitioners William L. Pender, et al. filed.
2019-01-17
Brief of respondents Bank of America Corporation, et al. in opposition filed.
2018-11-16
Motion to extend the time to file a response from December 3, 2018 to January 17, 2019, submitted to The Clerk.
2018-11-16
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2019.
2018-10-31
Petition for a writ of certiorari filed. (Response due December 3, 2018)
2018-09-25
Application (18A313) granted by The Chief Justice extending the time to file until October 31, 2018.
2018-09-10
Application (18A313) to extend the time to file a petition for a writ of certiorari from October 1, 2018 to October 31, 2018, submitted to The Chief Justice.

Attorneys

Bank of America Corporation, et al.
Carter G. PhillipsSidley Austin LLP, Respondent
William L. Pender, et al.
Julia Penny ClarkBredhoff and Kaiser, PLLC, Petitioner