No. 23-422

Shirley T. Sherrod, et al. v. Julie A. Su, Acting Secretary of Labor

Lower Court: Seventh Circuit
Docketed: 2023-10-20
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: affirmative-defenses amendment civil-procedure erisa federal-rules-of-civil-procedure fiduciary-duties rule-15 standing statutory-interpretation
Key Terms:
Arbitration ERISA
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the underlying rulings contradict the plain text of the applicable ERISA provisions in finding a breach of Petitioners' fiduciary duties and disavow Rule 15 of the Federal Rules of Civil Procedure in depriving the Petitioners of the statutory right to amend their affirmative defenses?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the underlying rulings contradict the plain text of the applicable ERISA provisions in finding a breach of Petitioners’ fiduciary duties and disavow Rule 15 of the Federal Rules of Civil Procedure in depriving the Petitioners of the statutory right to amend their affirmative defenses? u RELATED CASES Hugler v. Sherrod, No. 16 C 4825, U.S. District Court for the Northern District of Illinois. Judgment entered March 17, 2017. (Denial of motion to amend pleadings). Walsh v. Sherrod, No. 16 C 4825, U.S. District Court for the Northern District of Illinois. Judgment entered March 31, 2022. (Grant of summary judgment). Walsh v. Sherrod, No. 16 C 4825, U.S. District Court for the Northern District of Illinois. Judgment entered June 2, 2022. (Grant of injunctive relief). Su v. Johnson, Nos. 22-2204 & 22-2205, U.S. Court of Appeals for the Seventh Circuit. Judgment entered May 10, 2023.

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-07
Waiver of right of respondent Su, Julie A. to respond filed.
2023-10-10
Petition for a writ of certiorari filed. (Response due November 20, 2023)

Attorneys

Shirley T. Sherrod, et al.
Christopher P. KeleherThe Keleher Appellate Law Group, LLC, Petitioner
Christopher P. KeleherThe Keleher Appellate Law Group, LLC, Petitioner
Su, Julie A.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent