No. 21-1019

The ERISA Industry Committee v. City of Seattle, Washington

Lower Court: Ninth Circuit
Docketed: 2022-01-19
Status: Denied
Type: Paid
CVSGAmici (7)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: circuit-split employee-benefits ERISA-preemption healthcare-expenditures ninth-circuit play-or-pay play-or-pay-laws state-and-local-laws state-local-regulation
Latest Conference: 2022-11-18 (distributed 3 times)
Question Presented (from Petition)

Whether state and local play-or-pay laws that require employers to make minimum monthly healthcare expenditures for their covered employees relate to ERISA plans and are thus preempted by ERISA.

Question Presented (AI Summary)

Whether state and local play-or-pay laws that require employers to make minimum monthly healthcare expenditures for their covered employees relate to ERISA plans and are thus preempted by ERISA

Docket Entries

2022-11-21
Petition DENIED.
2022-11-02
Supplemental brief of petitioner The ERISA Industry Committee filed. (Distributed)
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-19
Brief amicus curiae of United States filed.
2022-05-31
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-05-10
Reply of petitioner The ERISA Industry Committee filed. (Distributed)
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-04-25
Brief of respondent City of Seattle in opposition filed.
2022-03-08
Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
2022-03-04
Motion to extend the time to file a response from March 25, 2022 to April 25, 2022, submitted to The Clerk.
2022-02-23
Response Requested. (Due March 25, 2022)
2022-02-18
Brief amici curiae of American Benefits Council, et al. filed. (Distributed)
2022-02-18
Brief amici curiae of Retail Litigation Center, Inc., et al. filed. (Distributed)
2022-02-18
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
2022-02-18
Brief amicus curiae of New England Legal Foundation filed. (Distributed)
2022-02-18
Brief amici curiae of Restaurant Law Center, et al. filed. (Distributed)
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-11
Brief amici curiae of American Hotel and Lodging Association, et al. filed.(2/15/2022) (Distributed)
2022-02-04
Letter from counsel for petitioner submitted.
2022-01-28
Waiver of right of respondent City of Seattle to respond filed.
2022-01-28
Blanket Consent filed by Petitioner, The ERISA Industry Committee
2022-01-14
Petition for a writ of certiorari filed. (Response due February 18, 2022)
2021-10-22
Application (21A104) granted by Justice Kagan extending the time to file until January 14, 2022.
2021-10-20
Application (21A104) to extend the time to file a petition for a writ of certiorari from November 30, 2021 to January 14, 2022, submitted to Justice Kagan.

Attorneys

American Hotel and Lodging Association, et al.
Richard J. BirminghamDavis Wright Tremaine LLP, Amicus
City of Seattle
Peter K. StrisStris and Maher LLP, Respondent
Jeremiah MillerSeattle City Attorney's Office, Respondent
Restaurant Law Center, et al.
Gabriel Kalman GillettJenner & Block LLP, Amicus
The American Benefits Council, Business Group On Health, The HR Policy Association, The National Alliance Of Healthcare Purchaser Coalitions, The Alabama Employer Health Consortium, The Healthcare Purchaser Alliance Of Maine, The Silicon Valley Employers
Mark Christopher NielsenGroom Law Group, Chartered, Amicus
The Chamber of Commerce of the United States of America, The Business Roundtable, The National Association of Manufacturers
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Amicus
The ERISA Industry Committee
Paul D. ClementClement & Murphy, PLLC, Petitioner
The New England Legal Foundation
John PagliaroThe New England Legal Foundation, Amicus
The Retail Litigation Center, Inc., et al.
Eugene ScaliaGibson, Dunn & Crutcher LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus