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Cunningham v. Cornell University

Docket No. Op. Below Argument Opinion Vote Author Term
23-1007 2nd Cir. Jan 22, 2025 TBD TBD TBD OT 2024

Issue: Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. " 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision"s text.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/11/2024Petition for a writ of certiorari filed. (Response due April 12, 2024)
04/05/2024Waiver of right of respondents Cornell University, et al. to respond filed.
04/17/2024DISTRIBUTED for Conference of 5/9/2024.
04/18/2024Response Requested. (Due May 20, 2024)
05/09/2024Motion to extend the time to file a response from May 20, 2024 to June 19, 2024, submitted to The Clerk.
05/13/2024Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2024, for all respondents.
06/11/2024Motion to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
06/12/2024Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2024.
07/22/2024Brief of respondents Cornell University, et al. in opposition filed.
08/05/2024Reply of petitioners Casey Cunningham, et al. filed.
09/04/2024DISTRIBUTED for Conference of 9/30/2024.
10/04/2024Petition GRANTED.
10/25/2024Motion for an extension of time to file the briefs on the merits filed.
10/31/2024SET FOR ARGUMENT on Wednesday, January 22, 2025.
10/31/2024Motion to extend the time to file the briefs on the merits granted. The time for filing the joint appendix and petitioner's brief on the merits is extended to and including November 22, 2024. The time for filing respondents' brief on the merits is extended to and including December 27, 2024. The reply brief on the merits is due to be filed in compliance with Rule 25.3 on or before 2 p.m., Friday, January 10, 2025, and Rule 29.2 does not apply.
11/13/2024Record requested from the United States Court of Appeals for the Second Circuit
11/19/2024Record received electronically from the United States Court of Appeals for the Second Circuit and available for the Clerk.
11/22/2024Brief of Casey Cunningham, et al. not accepted for filing. (December 02, 2024 - corrected booklets and PDF of brief to be submitted.)
11/22/2024Brief of petitioners Casey Cunningham, et al. filed. (Distributed)
11/22/2024Joint appendix filed. (2 volumes). (Statement of costs filed.) (Distributed)
11/26/2024Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
11/27/2024Brief amicus curiae of American Association for Justice filed. (Distributed)
11/27/2024Brief amicus curiae of The Pension Rights Center filed. (Distributed)
11/27/2024Brief amici curiae of Quinn Curtis, et al. filed. (Distributed)
12/02/2024Brief amicus curiae of United States filed. (Distributed)
12/03/2024CIRCULATED
12/20/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/27/2024Brief of respondents Cornell University, et al. filed. (Distributed)
01/03/2025Brief amici curiae of American Council on Education, et al. filed. (Distributed)
01/03/2025Brief amici curiae of The American Benefits Council, ERISA Industry Committee, the SPARK Institute filed. (Distributed)
01/03/2025Brief amici curiae of AT&T Services, Inc., et al. filed. (Distributed)
01/03/2025Brief amici curiae of Chamber of Commerce of the United States of America and National Association of Manufacturers filed. (Distributed)
01/03/2025Brief amicus curiae of Encore Fiduciary filed. (Distributed)
01/08/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/10/2025Reply of petitioners Casey Cunningham, et al. filed. (Distributed)
01/22/2025Argued. For petitioners: Xiao Wang, Charlottesville, Va.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicole A. Saharsky, Washington, D. C.
04/17/2025Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Thomas and Kavanaugh, JJ., joined.