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Fenkell v. Alliance Holdings, Inc.

Case dismissed, pursuant to Rule 46, on January 19, 2017

Docket No. Argument Opinion Vote Author Term
16-473 TBD TBD TBD TBD OT 2016

Issue: Whether the Employee Retirement Income Security Act of 1974 permits a cause of action for indemnity or contribution by an individual found liable for breach of fiduciary duty.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/07/2016Petition for a writ of certiorari filed. (Response due November 14, 2016)
10/17/2016Waiver of right of respondents Pamela Klute, et al. to respond filed.
10/18/2016Waiver of right of respondents Alliance Holdings, Inc., et al. to respond filed.
10/18/2016Waiver of right of respondent Alliance Holding, Inc. Employee Stock Ownership Plan to respond filed.
10/18/2016Waiver of right of respondents Carol Chesemore, et al. to respond filed.
11/02/2016DISTRIBUTED for Conference of November 22, 2016.
11/09/2016Response Requested . (Due December 9, 2016)
12/09/2016Brief of respondents Alliance Holdings, Inc., et al. in opposition filed.
12/20/2016Reply of petitioner David B. Fenkell filed.
12/20/2016Letter of December 20, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.
12/21/2016DISTRIBUTED for Conference of January 6, 2017.
01/09/2017The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
01/19/2017Motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
01/19/2017Petition Dismissed - Rule 46.