Embarq Corporation v. Fulghum
Petition for certiorari denied on November 30, 2015
Linked with:
Issue: Whether the "fraud or concealment" exception to the statute of repose found in 29 U.S.C. ยง 1113 for alleged breaches of an Employee Retirement Income Security Act fiduciary"s duty applies only when a defendant takes affirmative steps to hide the alleged breach " as the First, Third, Seventh, Eighth, Ninth, and D.C. Circuits have held " or whether the exception can be invoked any time the underlying claim is premised on a fraud theory " as the Second and Tenth Circuits have held.
| Date | Proceedings and Orders |
|---|---|
| 07/17/2015 | Application (15A86) to extend the time to file a petition for a writ of certiorari from July 26, 2015 to August 25, 2015, submitted to Justice Sotomayor. |
| 07/24/2015 | Application (15A86) granted by Justice Sotomayor extending the time to file until August 25, 2015. |
| 08/25/2015 | Petition for a writ of certiorari filed. (Response due September 28, 2015) |
| 09/14/2015 | Order extending time to file response to petition to and including October 26, 2015. |
| 09/15/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. |
| 09/22/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| 09/28/2015 | Brief amici curiae of American Benefits Council, et al. filed. |
| 10/26/2015 | Brief of respondents William Douglas Fulghum, et al. in opposition filed. |
| 11/09/2015 | DISTRIBUTED for Conference of November 24, 2015. |
| 11/09/2015 | Reply of petitioners Embarq Corporation, et al. filed. (Distributed) |
| 11/30/2015 | Petition DENIED. |