CUNA Mutual Retirees Group
The plaintiffs filed its petition for an en banc review before the 7th Circuit Court of Appeals in Chicago.
The U.S. Supreme Court denied our petition to take your case. This means that the case is over. There was no written opinion and no indication of the vote. There are thousands of petitions to the Supreme Court every year and only a small percentage will be heard by the Court.
A petition for certiorari has been filed in the U.S. Supreme Court for the CUNA Mutual retirees for the cancellation of payments for health insurance premiums. The petition and appendix are posted here.
Attorneys at Lawton & Cates and Daley, DeBofsky and Bryant filed a notice of appeal from the dismissal of the complaint previously filed on behalf of CUNA Mutal Retirees.
The Seventh Circuit Court of Appeals in a 2-1 decision affirmed the dismissal of the retirees lawsuit against CUNA Mutual. This is very disappointing. There was a strong dissent that quoted a Woody Guthrie song: “Some will rob you with a six-gun/And some with a fountain pen.”
Motion To Dismiss and Tentative Scheduling
The Seventh Circuit Court of Appeals denied our petition for rehearing and review by the entire panel.
Summary of Oral Arguments to 7th Circuit Court of Appeals
All briefs have been filed with the court. We are now waiting for the judge's decision.
The retiree's response to CUNA Mutual's Motion to Dismiss was filed. CUNA Mutual has two weeks to respond.
Oral Argument in Seventh Circuit Court of Appeals is set for October 21, 2010 at 9:30 a.m.
There has been no new activity regarding this matter. We are still waiting for the judge's decision.
Appellate Court Brief has been filed.
Reply Brief for Plaintiffs-Appellants has been filed.
Defendants filed Reply Memo for Motion to Dismiss
Lawton & Cates will petition the Seventh Circuit Court of Appeals to have the CUNA Mutual Retirees Class Action case heard by the entire active panel of nine judges.
The lead plaintiffs met with counsel on November 29, 2011. The group decided to Petition for Certiorari to the U.S. Supreme Court. It takes the votes of four Justices to accept a case for review. Only a small percentage of the petitions are accepted for review. Nonetheless, we hope with the strong dissent in the Seventh Circuit Court of Appeals coupled with four dissents of the decision for en banc review, and the merits of our case, our chances will be improved.
No Decision From the 7th Circuit Court of Appeals
Opposition to Motion to Dismiss
Opinion and Order
Class Action Information. The Class Action Complaint and Exhibits were filed.
Lawton & Cates has filed a reply on our petition for certiorari in the U.S. Supreme Court. The document has been posted to the site for you to read.
Initial Stages of Litigation