Federal Judiciary

Granted case dismissed

By Akin Gump Supreme Court Practice Group

A case that the Supreme Court planned to hear next week has been dismissed, after the dispute was settled.  The case is Health Care Service Corp. v. Pollitt, et al. (09-38).  It had been scheduled for argument next Wednesday at 11 a.m.   The case was granted on Oct. 13, testing whether state court lawsuits by federal employees, challenging a loss of health care benefits under a federal program, were preempted.  A federal employee covered by an exclusively federal program had sued over termination of enrollment in the plan for her minor child, and over the loss of benefits that resulted from that termination.  The lawsuit was not aimed at any federal agency, but rather at a private contractor administering the federal plan.

A revised argument calendar for the Court’s current sitting is here.

Full post as published by SCOTUSBLOG on February 24, 2010 (boomark / email).