Koresko v. Acosta, Secretary of Labor
10/18/2017
Response Brief

Louis J. Peterson, DC v. United Health Group, Inc.
09/05/2017
brief for the Secretary of Labor as amicus curaie in support of plaintiffs-appellees

Ariana M. v. Humana Health Plans of Texas, Inc.
08/15/2017
brief for the United States as amicus curaie in support of plaintiff-appellant

Acosta v. Hutcheson
08/02/2017
brief for the Security of Labor

Pearce v. Chrysler Group LLC Pension Plan
07/28/2017
brief for the United States as amicus curaie in support of plaintiff-appellant

Sun Life v. Jackson
07/12/2017
brief of the Secretary of Labor as Amicus Curiae in Support of Defendant-Appelee for Affirmance

California Pacific Bank, et al., v. R. Alexander Acosta
06/23/2017
brief for the Secretary of Labor

Brain v. Acosta
06/23/2017
Secretary's Answering Brief

Acosta v. Preston, et al.
05/19/2017
reply brief

U.S. Dept. of Labor v. Michael P. Harris
04/19/2017
Appellee's brief

U.S. Department of Labor v. Preston, et al.
04/05/2017
opening brief

Advocate Health Care Network et al., v. Maria Stapleton et al.
01/24/2017
amicus curiae

Perez v. Mathias (In re Mathias)
12/08/2016
Amicus brief

Perez v. Preston, et al.
12/02/2016
Petition for interlocutory review

Thrivent v. Perez
12/02/2016

Brief, Memorandum in Support of Defendants

Van Loo v. Cajun Operating Company d/b/a Church's Chicken
11/30/2016
Amicus brief

Thole v. U.S. Bank
10/19/2016
Amicus brief

Chamber v. Perez
10/07/2016

Brief, Memorandum in Support of Defendants

Perez v. Harris (In re Harris)
09/30/2016
Amicus Brief

NAFA v. Perez
07/11/2016
Brief, Memorandum in Support of Defendant

Tatum v. RJR Pension Investment Committee
09/09/2016
Amicus Brief

Fletcher v. Convergex Group, LLC et al
06/27/2016
Amicus Brief

Solnin v. Sun Life & Health Insurance Co, Genworth Life & Health Insurance Co, GE Group Life Assurance Co, Phoenix Life Insurance Co
06/19/2016
Amicus Brief

In Re Lorna Clause
06/16/2016
Amicus Brief

Osberg v. Foot Locker, Inc.
05/24/2016
Amicus Brief

Trujillo v. Landmark Enterprises
05/06/2016
Amicus Brief

Severstal Wheeling, Inc. Retirement Committee, et al. v. WPN Corp., et al
03/15/2016
Brief/Memorandum in Support of Motion

Whitley v. BP, plc
03/11/2016
Amicus curaie in support of plaintiff-appellees

Allen v. GreatBanc Trusty Company
02/16/2016
Amicus in support of appellants requesting reversal

Perez v. Koresko
02/10/2016
Brief for appellee Secretary of Labor

Smith v. AEGON Companies Pension Plan
11/25/2015
Amicus curiae

Perez v. Koresko
11/09/2015
Brief of appellee Secretary of Labor

McCulloch Orthopaedic Surgical v. United HealthCare Insurance Co
10/22/2015
Amicus curaie supporting plaintiffs-appellants

Kelley et. al. v. Fidelity Management Trust Company et. al
09/21/2015
Amicus curiae supporting plaintiffs-appellants

Gobeille v. Liberty Mutual Insurance Co.
09/04/2015
Amicus curaie supporting petitioner

Perez v. Doyle
09/03/2015
Brief, for the Secretary

Perez v. Bruister
07/29/2015
Brief, for the Secretary

Bond v. Marriott
05/28/2015
Amicus, supporting plaintiffs-appellants

RJR Pension v. Tatum
05/27/2015
Amicus, on petition for a Writ of Certiorari, U.S. Court of Appeals for the Fourth Circuit

Barboza v. California Ass'n of Professional Firefighters
05/22/2015
Amicus, in support of plaintiff-appellant for panel rehearing

Gobeille v. Liberty Mutual Ins. Co.
05/19/2015
Amicus, on petition for a Writ of Certiorari, U.S. Court of Appeals for the Second Circuit

McCaffree Financial Corp. v. Principal Life Insurance Co.
04/08/2015
Amicus, in support of plaintiffs-appellants and requesting reversal

Fontaine v. Metropolitan Life Insurance Company
10/15/2014
Amicus, in support of plaintiff-appellee

Robert Plan Corporation, Kenneth Kirschenbaum v. United States Department of Labor
10/07/2014
Brief for the United States Department of Labor

Gabriel v. Alaska Electrical Pension Fund
07/28/2014
Amicus, in support of petition for rehearing or rehearing en banc

Secretary, Department of Labor v. Koresko
06/27/2014
Brief for the Secretary of Labor

Santomenno v. John Hancock Life Insurance Company
05/28/2014
Amicus, corrected, in support of plaintiffs-appellants and requesting reversal

No. 13-130 Thurber v. Aetna Life Insurance Co.
05/01/2014
Amicus

No. 13-550 Glenn Tibble v. Edison International
05/01/2014
Amicus, supporting petitioners

New York State Psychiatric Association, Inc., v. UnitedHealth Group
04/28/2014
Amicus, in support of plaintiffs-appellants and requesting reversal

Harrison v. Wells Fargo Bank
03/31/2014
Amicus, in support of plaintiff-appellant

No. 12-751 Fifth Third Bancorp v. John Dudenhoffer
03/01/2014
Amicus, supporting respondents

Fulghum v. Embarq Corporation
12/18/2013
Amicus, in support of plaintiffs-appellants urging reversal and remand

Julie Heimeshoff v. Hartford Life & Accident Insurance Co., et al.
12/16/2013
Amicus curiae supporting petitioner

Hi-Lex Controls, Inc. v. Blue Cross Blue Shield of Michigan
12/10/2013
Amicus, in support of appellees

Amara v. Cigna Corporation
11/29/2013
Amicus, supporting cross-appellees and requesting affirmance on the cross-appeal

No. 12-751 Fifth Third Bancorp v. John Dudenhoffer
11/01/2013
Amicus

North Cypress Medical Center Operating Co., Limited v. Cigna Healthcare
10/30/2013
Amicus, in support of plaintiffs-appellants, and requesting reversal

Schoenfeld v. Perez
10/25/2013
Brief for the Secretary of Labor

Gates v. UnitedHealth Group, Inc.
09/19/2013
Amicus, in support of plaintiff-appellant and requesting reversal

Kenneth Kirschenbaum, Chapter 7 Trustee of the Estate of Robert Plan Corp. v. United States Department of Labor
09/03/2015
Brief for the respondent in opposition to Petition for a Writ of Certiorari

Silva v. Metropolitan Life Insurance Co., Savvis Communication Corp.
08/13/2013
Amicus, in support of plaintiff-appellant

Smith v. Aegon Companies Pension Plan
08/12/2013
Amicus, in support of plaintiff-appellant and urging reversal

Tiblier v. Dlabal
07/19/2013
Amicus, supporting appellants

Sexton v. Panel Processing, Inc.
07/19/2013
Amicus, in support of plaintiff-appellant urging reversal and remand

Liberty Mutual Insurance Company v. Donegan
07/03/2013
Amicus, in support of defendant-appellee requesting affirmance

Tatum v. R.J.Reynolds Tobacco Company
06/25/2013
Amicus, in support of plaintiffs-appellants and urging reversal

Tussey v. ABB, Inc.
06/17/2013
Amicus, supporting plaintiffs-appellees

Spindex Physical Therapy Usa, Inc., United Healthcare of Arizona, Inc.
06/05/2013
Amicus, in support of plaintiffs-appellants and requesting reversal

Osberg v. Foot Locker, Inc. and Foot Locker Retirement Plan
05/24/2013
Amicus, in support of appellant requesting reversal

Fuller v. Suntrust Banks, Inc.
03/12/2013
In support of plaintiff-appellant

David v. Alphin
02/28/2013
Amicus, in support of petition for rehearing en banc or panel rehearing

Halo v. Yale Health Plan, Director of Benefits and Records, Yale University
01/31/2013
Amicus, in support of plaintiff-appellant

Fish v. Greatbanc Trust Company
01/29/2013
Amicus, supporting plaintiffs-appellants

No. 11-1155 Blue Cross and Blue Shield of Montana, Inc. v. Dale Fossen
12/21/2012
Amicus, on petition for a writ of certiorari

Tri3 Enterprises, LLC v. Aetna, Inc.
11/30/2012
Amicus, supporting plaintiff-appellant

Gearlds v. Entergy Services, Inc.
09/04/2012
Amicus, in support of appellant

Arendt v. Solis
08/16/2012
On appeal from the United States District Court for the Eastern District of Washington

Kopp v. Klein
08/15/2012
Amicus, in support of the plaintiff-appellant

Pacific Shores Hospital v. United Behavioral Health and Wells Fargo and Company Health Plan
08/13/2012
Amicus, in support of the plaintiffs-appellants

Access Mediquip LLC v. UnitedHealthCare Insurance Company
07/11/2012
Amicus, in support of plaintiff-appellant

U.S. Airways, Inc., v. James E. McCutchen, et al.
06/25/2012
Amicus curia.

Leimkuehler v. American United Life Insurance Corp.
06/01/2012
Amicus, in support of plaintiff-appellant urging reversal and remand

White v. Marshal and Ilsley Corp.
05/30/2012
Amicus, in support of plaintiffs-appellants and requesting affirmance in part and reversal in part

Mozingo v. Trend Personnel Services
05/24/2012
Amicus, in support of neither party

Frommert v. Conkright
05/11/2012
Amicus, supporting appellants and requesting reversal

Barboza v. California Association of Firefighters
02/07/2012
Amicus, in support of plaintiff-appellant

In Re: Lehman Brothers Erisa Litigation
01/11/2012
Amicus, in support of plaintiffs-appellants requesting reversal

In Re: Beacon Securities Litigation
01/09/2012
Amicus, in support of plaintiffs' motion for class certification.

David v. Alphin
12/28/2011
Amicus, in support of plaintiffs-appellants urging reversal

George v. Junior Achievement of Central Indiana, Inc
12/16/2011
Amicus, in support of plaintiff-appellant

In Re: Citigroup Erisa Litigation
12/06/2011
Amicus, in support of appellants' petition for panel rehearing

Schultz v. Avial
11/18/2011
Amicus, in support of plaintiffs-appellants' petition for hearing en banc

United Airlines, Inc v. Air Line Pilots Association, International
10/03/2011
Amicus, in support of plaintiffs-appellees

Santomenno v. John Hancock Life Insurance Company
09/30/2011
Amicus, in support of appellants and requesting reversal

Debbie McCravy v. Metropolitan Life Insurance Company
09/28/2011
Amicus, supplemental, supporting plaintiff-appellant on panel rehearing

Amara v. Cigna Corporation
09/22/2011
Amicus

Fisch v. Suntrust Banks, Inc
08/12/2011
Amicus, in support of the plaintiffs-appellees

Donne v. Hardt
07/19/2011
Amicus, in reponse to court order

Fisch v. Suntrust Banks, Inc
07/15/2011
Amicus, in support of the plaintiffs-appellants

Dudenhoeffer v. Fifth Third Bancorp
07/14/2011
Amicus, in support of appellants

Griffin v. Flagstar Bankorp, Inc
06/30/2011
Amicus, in support of plaintiffs-appellants and requesting reversal

Kenseth v. Dean Health Plans, Inc
06/13/2011
Amicus, in support of reversal

Debbie McCravy v. Metropolitan Life Insurance Company
05/31/2011
Amicus, in support of petition for rehearing or rehearing en banc

Tibble v. Edison International
05/25/2011
Amicus, in support of plaintiffs-appellants

Taylor v. KeyCorp
05/20/2011
Amicus, supporting plaintiff-cross-appellee

Fossen v. Blue Cross and Blue Shield of Montana, Inc
02/18/2011
Amicus, in support of plaintiffs-appellants, 02/18/2011

Faber v. Metropolitan Life Ins Co
02/17/2011
Amicus, letter in response to the court's invitation

Secretary of Labor v. Holloway and Doyle
02/16/2011
On appeal from the United States District Court for the District of New Jersey

Pfeil v. State Street Bank and Trust Company
02/15/2011
Amicus, in support of plaintiffs-appellants and requesting reversal

Secretary of Labor v. Holloway and Doyle
02/04/2011
Reply

Taylor v. KeyCorp
01/12/2011
Amicus, supporting plaintiff-appellant

Sherfel v. Glassman
12/07/2010
Amicus, in support of defendant's memorandum on opposition to plaintiffs' request for injunctive and declaratory relief

Allen v. Wachovia Corp
11/24/2010
Amicus, supporting plaintiffs-appellants

Lanfear v. Home Depot, Inc
11/22/2010
Amicus, in support of the plaintiff-appellant

Kenseth v. Dean Health Plans, Inc
11/22/2010
Amicus

McLemore v. Regions Bank
11/19/2010
Amicus, supporting appellants

Sewright v. ING Groep, NV
11/18/2010
Amicus, in support of plaintiffs-appellants

Quan v. Computer Sciences Corp
11/01/2010
Amicus, in support of petition for en banc rehearing

No 09-804 Cigna Corp v. Amara
10/22/2010
Amicus, supporting respondents

In Re: JP Jeanneret Associates, Inc
10/18/2010
Amicus, in support of plaintiffs' memorandum in opposition to defendants' motions to dismiss claims

Solis v. The Food Employers Labor Relations Association and United Food and Commercial Workers Pension Fund, et al
10/18/2010
On appeal from the US District Court for the District of Maryland

In Re: Beacon Securities Litigation
10/01/2010
Amicus, in support of plaintiffs' memoranda in opposition to defendants' motions to dismiss claims

Renfro v. Unisys
09/16/2010
Amicus, in support of plaintiffs-appellants and requesting reversal

Boyd v. Metropolitan Life Insurance Company
09/14/2010
Amicus, supporting defendant-appellee

Fish v. Greatbanc Trust Corp
06/25/2010
Amicus, in support of plaintiffs' opposition to defendants' motion for summary judgment

Barboza v. California Association of Firefighters
06/15/2010
Amicus, in support of the plaintiff-appellant

Gearren v. McGraw-Hill Companies, Inc
06/04/2010
Amicus, in support of appellants requesting reversal

Lingis v. Motorola, Inc
05/14/2010
Amicus, in support of plaintiffs-appellants

Solis v. Malkani
05/03/2010
On appeal from the US District Court for the District of Maryland

Debbie McCravy v. Metropolitan Life Insurance Company
04/28/2010
Amicus, supporting plaintiff-appellant

Tullis v. UMB Bank
04/15/2010
Amicus, in support of plaintiffs-appellants

Loomis v. Exelon Corporation
03/10/2010
Amicus, in support of plaintiff-appellants

Matschiner v. Hartford Life and Accident Insurance Company
02/03/2010
Amicus, supporting defendant-appellant and requesting reversal

Kanawi v. Bechtel Corporation
12/28/2009
Amicus, in support of plaintiffs

In Re: Citigroup Erisa Litigation
12/28/2009
Amicus, in support of appellant requesting reversal

Celentano v. Burnes
12/18/2009
Amicus, in support of defendant's motion to dismiss

Nauman v. Abbott Laboratories, and Hospira, Inc.
12/17/2009
Amicus, in support of plaintiffs

Beesley v. International Paper Company
12/14/2009
Amicus, in support of plaintiffs-appellees urging affirmance

McCullough v. Aegon USA, Inc.
12/01/2009
Amicus, in support of appellant's petition for rehearing en banc

Edwards v. A. H. Cornell and Son, Inc.
11/23/2009
Amicus, in support of appellant for reversal

No. 08-810 Conkright v. Frommert
11/2009
Amicus, supporting respondents

Daniels-Hall v. National Education Association
09/04/2009
Amicus, in support of defendants

Nicolas v. MCI Health and Welfare Plan
08/31/2009
Amicus, in support of plaintiff-appellee-cross-appellant

Pharmaceutical Care Management Association v. District of Columbia
08/21/2009
Amicus, in support of appellants

Midgett v. Washington Group International Long Term Disability Plan
05/29/2009
Amicus, in support of appellants

Wendel v. Herzlinger
05/26/2009
Amicus, in support of plaintiff-appellee and requesting affirmance

No. 08-803, 08-810, 08-826 Alfieri v. Conkright
05/2009
Amicus, on petition for a writ of certiorari to the U.S. Court of Appeals for the Second Circuit

Cook v. Campbell
04/21/2009
Amicus, in support of appellants

U.S. Securities and Exchange Commission v. AA Capital Partners, Inc.
04/03/2009
Amicus, in opposition to the General Partners' motion for attorneys fees

U.S. Securities and Exchange Commission v. AA Capital Partners, Inc.
03/19/2009
Amicus, motion of the Secretary of Labor for leave to file a brief on the pending attorney's fees issues

Hecker v. Deere
03/17/2009
Amicus, in support of panel rehearing

Braden v. Wal-Mart Stores, Inc.
03/13/2009
Amicus, supporting plaintiff-appellant and requesting reversal

Johnson v. Couturier
01/30/2009
Amicus, supporting appellees and requesting affirmance

Rahm v. Halpin
01/16/2009
Amicus, supporting debtor-defendant-appellee

Cyr v. Reliance Standard Life Insurance Company
11/10/2008
Brief for the Secretary of Labor as amicus curia supporting appellee's petition for hearing en banc

Johnson v. Couturier
09/24/2008
Amicus, in support of motion for preliminary injunction

Chao v. Meixner
07/11/2008
DOL argued that the fiduciaries of a health benefit plan are not entitled to a jury trial in DOL's lawsuit under ERISA section 502(a)(2) in which DOL seeks to recover the plan's monetary losses caused by the defendants' alleged fiduciary misconduct because the remedy sought is equitable in nature

Sowers v. FreightCar America
06/06/2008
DOL argued that the district court's order granting a preliminary injunction reinstating a class of participants to their employment at a FreightCar plan grants equitable relief within the meaning of ERISA section 502(a)(3)

Chao v. Plan Benefit Services, Inc.
05/12/2008
Memorandum in further support of plaintiff's motion for summary judgment

McLemore v. Regions Bank
05/05/2008
DOL argued that: (1) an ERISA fiduciary who is also the bankruptcy trustee has standing to bring an ERISA action and; (2) the defense of in pari delicto cannot be asserted against an ERISA successor trustee

No. 07-841 Amschwand v. Spherion
05/2008
Amicus, on petition for a writ of certiorari to the U.S. Court of Appeals for the Fifth Circuit

No. 07-636 Kennedy v. Plan Administrator for Dupont Savings
05/2008
Amicus, in support of neither party

Hecker v. Deere
04/02/2008
DOL argued that: (1) ERISA section 404(c) does not provide a defense to plaintiffs' allegations that the defendants imprudently and disloyally selected investment choices with excessive fees; (2) fiduciaries' duties to disclose material information can arise from their core statutory duties of prudence and loyalty, not just from specific reporting and disclosure requirements; and (3) the district court erred in holding that defendants were not fiduciaries with respect to the selection of funds based solely on the plan documents without regard to the defendants' actions

Golden Gate Restaurant Ass'n v. City and County of San Francisco
03/27/2008
DOL argued that the employer spending requirements in San Francisco's Health Care Security Ordinance have a prohibited connection with ERISA plans and are preempted because: (1) they mandate employee benefit structures or their administration because employers can comply with the law's requirements only be establishing or maintaining ERISA plans; and (2) the spending requirements interfere with uniform plan administration

No. 06-923, MetLife v. Glenn
03/21/2008
Amicus, supporting respondent

Grabek v. Northrop Grumman Corp.
02/05/2008
DOL argued that the district court improperly denied class certification where (1) the reasons for denial were unknown, and (2) the district court failed to provide any analysis

Chao v. Plan Benefit Services, Inc.
02/03/2008
Memorandum in support of plaintiff's motion for summary judgment

No. 06-923, MetLife v. Glenn
12/21/2007
Amicus, on petition for a writ of certiorari to the U.S. Court of Appeals for the Sixth Circuit

Lively v. Dynegy
10/10/2007
DOL argued that: (1) Plaintiffs' claim alleging that the Defendants' imprudence with regard to the company stock fund caused plan losses is a derivative claim on behalf of the plan under ERISA sections 409 and 502(a)(2); (2) given the nature of a section 502(a)(2) claim, purported intra-class conflicts do not defeat a finding under Fed. R. Civ. P. 23(a) that the prerequisites of a class action have been met; and (3) ERISA section 404(c) does not provide a defense to Plaintiffs' allegations that the fiduciaries imprudently maintained the company stock fund

Evans v. Akers
08/08/2007
DOL argued that a former employee who has received a distribution of benefits from his defined contribution pension plan has standing to sue for fiduciary breaches that occurred prior to distribution

No. 06-856 LaRue v. DeWolff, Boberg and Assoc., Inc.
08/06/2007
Amicus, supporting petitioner

No. 06-856 LaRue v. DeWolff, Boberg and Assoc., Inc.
05/18/2007
Amicus, on petition for a writ of certiorari to the U.S. Court of Appeals for the Fourth Circuit

Pfahler v. National Latex Products Co.
03/21/2007
DOL argued that: (1) the fiduciaries of a self-insured health plan had a duty to enforce the employer's obligation to contribute sufficient funds to a claims account to pay health claims; (2) the fiduciaries diverted participant contributions to pay the employer's general creditors and failed to enforce ERISA sections 502(a)(2) and 409(a); and (3) the participants may recover an amount equal to their unpaid health claims under ERISA section 502(a)(3) from the fiduciaries who misrepresented that the claims would be paid

Tullis v. UMB Bank
03/06/2007
DOL argued that participants in a defined contribution plan may sue under ERISA section 502(a)(2) for losses to their defined contribution plan caused by fiduciary breaches, notwithstanding that those losses will be allocated only to their individual accounts

Chao v. Community Trust Co.
02/05/2007
Secretary's petition for panel rehearing and rehearing en banc

Harzewski v. Guidant Corp.
12/28/2006
DOL argued that a former employee who has received a benefit distribution from a pension has standing to sue for fiduciary breaches that occurred prior to the distribution

Rogers v. Baxter International, Inc.
12/08/2006
DOL argued that ERISA section 502(a)(2) confers standing on persons seeking monetary relief for a defined contribution plan due to an alleged breach of fiduciary duty even though the relief will be allocated only to a subset of participants in the plan

Calpine Corporation
11/16/2006
DOL argued that fiduciaries of a defined contribution pension plan were not entitled to a presumption that they were prudent when they continued to purchase employer stock after they became aware of accounting irregularities concerning the company

Retail Industry Leaders Ass'n v. Felder
11/06/2006
The Maryland Fair Share Health Care Fund Act is preempted because it "relates to" employee benefit plans within the meaning of ERISA section 514(a), by mandating that employers pay a certain level of health care benefits to their employees or pay a penalty to the State

Howell v. Motorola, Inc.
11/01/2006
DOL argued that a former participant of a 401(k) plan, who had received a distribution of benefits, had standing to sue the fiduciaries under ERISA section 502(a)(2) and the participant had a "colorable claim for benefits" because the fiduciary breaches allegedly occurred while he was actively enrolled in the plan

Bridges v. American Electric Power Co.
10/19/2006
DOL argued that a former participant, who received a distribution of his 401(k) plan account had standing to sue based on his "colorable claim for benefits."

Graden v. Conexant Systems, Inc.
09/01/2006
DOL argued that an employee who has taken his distribution from a defined contribution plan has a "colorable claim for benefits" and, therefore, standing to sue for fiduciary breaches that occurred while he was in the plan because any losses recovered will increase his vested benefits

Kirschbaum v. Reliant Energy, Inc.
08/16/2006
DOL argued that the district court erred when it held that fiduciaries of 401(k) plans have no discretion or fiduciary duty with regard to employer stock funds because relevant plan documents require that they offer the employer stock fund and that an employer match be made in company stock

Dickerson v. Feldman
07/17/2006
DOL argued that a participant who received a distribution from a defined contribution plan has standing to sue under ERISA sections 409 and 502(a)(2) to recover losses to the plan resulting from fiduciary breaches that allegedly occurred while he was in the plan

Woods v. Southern Co.
07/14/2006
DOL argued that ERISA does not require plaintiff to exhaust internal plan review procedures before bringing suit under sections 409(a) and 502(a)(2) for losses to a plan caused by fiduciary breaches; and exhaustion is not required when a plan provides no procedures for review of fiduciary breach claims, the reviewing fiduciary would have been powerless to provide the loss remedy sought by plaintiffs, and exhaustion of the review procedure provided by the plan would have been futile

LaRue v. DeWolff, Boberg & Assocs., Inc.
07/12/2006
DOL argued that the appellate panel erred when it held that a plan participant seeking losses attributable to his 401(k) plan account resulting from a fiduciary's failure to follow his investment instruction may not sue for losses to the plan. The participant alleged that there were fewer assets in the plan as a result of the fiduciary breach and, therefore, he was authorized to sue under ERISA sections 409 and 502(a)(2) which provide for recovery of "any losses" to the plan

Holtzscher v. Dynegy Inc.
06/28/2006
DOL argued that former participants of a defined contribution pension plan who have received their lump sum payments have standing to sue for fiduciary breaches that caused losses to the plans before termination; and former participants have colorable claims for benefits because losses recovered by the plans will result in larger benefit payments to them

Vaughn v. Bay Environmental Management Inc.
06/07/2006
DOL argued that plaintiffs, who claim that fiduciary breaches caused a diminution in the amount of benefits they were paid when the defendant terminated the defined contribution plans in which they participated, have standing to bring their suit. Plaintiffs have a colorable claim that alleged fiduciary breaches have affected their plan benefits and thus meet the statutory standing criteria. Termination of the plans does not destroy standing

Green v. ExxonMobil Corp.
05/25/2006
DOL argued (1) that ERISA section 502(a)(3) authorized an award of make-whole monetary relief for a beneficiary against a breaching fiduciary and (2) that a beneficiary may bring a lawsuit simultaneously alleging that he is entitled to make-whole monetary relief for fiduciary breaches resulting in a denial of the benefits

No. 05-260 Sereboff v Mid Atlantic Medical Services, Inc.
02/2006
Amicus, supporting respondent

Beck v. Pace International Union
12/15/2005
Amicus, in support of petition for rehearing

Armstrong v. LaSalle Bank National Association
12/01/2005
Amicus

Martin M. Coyne v. Bayer Corporation and Sterling Drug, Inc.
10/18/2005
Amicus, in support of appellant requesting reversal

Chao v. Day
09/30/2005
On appeal from the U.S. District Court for the District of Columbia

Chao v. Community Trust Co.
09/27/2005
On appeal from the U.S. District Court for the Eastern District of Pennsylvania

BlueCross BlueShield of South Carolina v. Carillo
09/14/2005
Amicus, in support of appellant requesting reversal

Chao v. Koresko
09/02/2005
On appeal from the U.S. District Court for the Eastern District of Pennsylvania

Milofsky v. American Airlines, Inc.
08/11/2005
Amicus, in support of plaintiffs-appellants

Pereira v. Farace
07/25/2005
Amicus, supporting appellant's petition for panel and en banc rehearing

Goeres v. Charles Schwab and Co.
07/11/2005
Amicus, in support of appellant and requesting reversal

In Re: Merrimac Paper Company
05/11/2005
Amicus, supporting appellant for reversal

Bickley v. Caremark, Inc.
05/05/2005
Amicus, in support of appellant requesting reversal

Langbecker v. EDS
04/26/2005
Amicus, in support of plaintiffs-appellees requesting affirmance

Milofsky v. American Airlines, Inc.
04/11/2005
Amicus, supporting plaintiffs-appellants petition for hearing en banc

Coan v. Kaufman
03/25/2005
Amicus

In Re: UAL Corporation
12/17/2004
Amicus, letter response

In Re: Schering-Plough Corporation ERISA Litigation
10/20/2004
Amicus, supporting plaintiffs-appellants and requesting reversal

Midatlantic v. Sereboff
07/08/2004
Amicus, in support of plaintiff-appellee

Glanton v. AdvancePCS Health
07/01/2004
Amicus, in support of appellant and requesting reversal

Agway v. Magnuson
06/18/2004
Amicus, in opposition to motions to dismiss

QualChoice v. Rowland
06/17/2004
Amicus, in support of plaintiff-appellant's petition for en banc rehearing

Tatum v. R. J. Reynolds Tobacco Co.
05/07/2004
Amicus, in support of appellant and reversal of the District Court's decision

U.S. Department of Labor v. Grayson
04/16/2004
On appeal from and order of the U.S. Bankruptcy Court for the District of Oregon

Nicolaou v. Horizon Media
03/12/2004
Amicus, in support of appellant for reversal

Milofsky v. American Airlines, Inc.
02/27/2004
Amicus, supporting plaintiffs-appellants and requesting reversal

WorldCom Inc.
01/15/2004
DOL argued that appointing officials have a duty to monitor the fiduciaries they appoint and that plaintiffs do not have to plead the elements of fraud to state a claim for breaches of fiduciary duty, even when the alleged breaches involve claims of misrepresentation

Millsap v. McDonnell-Douglas
10/09/2003
DOL argued that back pay is an available equitable remedy for a violation of the anti-retaliation/discrimination provision in ERISA section 510

Bombardier v. Ferrer
09/11/2003
DOL argued that the imposition of a constructive trust over settlement funds held in the trust account of an attorney for a participant is a permissible form of "equitable relief" under the Supreme Court's decision in Great-West Life Ins. Co. v Knudson. DOL also argued that under the plan terms, the plan is entitled to be reimbursed for the full amount expended, without an offset for the amount that the participant expended on attorney's fees in obtaining the third-party tort settlement

Williams Company
08/21/2003
DOL argued that those who have the power to appoint and remove plan fiduciaries are themselves fiduciaries with an ongoing duty to monitor those they appoint

Callery v. US Life Insurance Co.
08/20/2003
DOL filed an amicus curiae brief in support of the plaintiff arguing that equitable relief under Section 502(a)(3) includes a recovery from a fiduciary of any direct monetary losses caused by a fiduciary's breach of its duties

Arana v. Ochsner Health Plan Inc.
04/10/2003
DOL argued that: (1) An action to enforce the terms of a state anti-subrogation insurance statute is removable to federal court under the "complete preemption" doctrine; and (2) ERISA likewise completely preempts an action to enforce the provisions of the state statute that provide for penalties for improper or untimely benefit determinations

Gerosa v. Savasta
11/01/2002
The district court for the Southern District of New York held that ERISA preempts a state law claim for malpractice brought by plan trustees against actuaries to the plan, but provides a federal common law claim for damages against such entities. DOL argued that the court erred on both points

Stern v. IBM
10/15/2002
The district court issued an order holding that IBM's sick leave program constituted an ERISA plan, so that Stern's claim for breach of contract actually stated a claim for ERISA benefits and therefore was properly removed to federal court. DOL argued that under the Secretary's "payroll practices" regulation, the sick leave program is not an ERISA plan

Sardagna v. Glaziers Pension Trust
10/15/2002
Amicus, in support of plaintiff-appellee-cross-appellant

Mario v. P&C Food Markets
09/10/2002
DOL argued that a summary plan description need not contain information concerning the discretion afforded the plan administrator to interpret plan terms

Tittle v. Enron Part 1
08/30/2002
DOL argued that: (1) The duty to protect retirement plans falls not only on the trustees who directly oversee the plans, but also on top executives and officials who are responsible for appointing the fiduciaries and monitoring their performance; (2) If any of these fiduciaries were aware or should have been aware that the employees were misinformed about the stability of Enron stock, they had a duty to take appropriate action to protect their retirement investments; (3) This could include investigating allegations of accounting fraud, disclosing the true facts to plan participants, the investing public and/or other fiduciaries, and stopping further investment in employer stock; (4) Disclosing information about accounting irregularities to the public, or refusing to purchase more Enron stock and elimination it as an investment option, is fully consistent with the securities laws, which forbid buying or selling stock based on "inside information" that the general public does not have; (5) That fiduciaries have an obligation to ensure that investments in employer securities, whether in a 401(k) plan or an ESOP, are prudent, notwithstanding plan provisions that contemplate or favor such investments; (6) That directed trustees cannot follow directions that they know, or because of "red flags" ought to know are imprudent or would otherwise violate ERISA; (7) That participants may recover monetary relief if they can prove that the fiduciaries breached their duties with regard to the cash balance plan; and (8) -+That, even if it is a non-fiduciary, Arthur Anderson may be liable for equitable relief if it knowingly participated in the fiduciary breaches of others

Harley v. 3M Rehearing
05/22/2002
DOL filed a brief in support of en banc and panel rehearing making the same arguments as in the brief above

Keen v. Weaver
02/13/2002
DOL argued that ERISA and the pension plan documents determine the plaintiff's entitlement to benefits, and that the court should not develop a federal common law that would supplant the written designation rule

Ostler v. Oce-USA Inc.
02/08/2002
DOL argued that equitable relief within the meaning of Section 502(a)(3) of ERISA includes the recovery from a fiduciary of any direct monetary loss caused by the fiduciary's breach of its obligations

Estate of David Egelhoff
06/26/2001
DOL argued that ERISA and the pension plan documents determine the plaintiff's entitlement to benefits, and that the court should not develop a federal common law that would supplant the written designation rule

Benefits Committee v. Key Trust
06/22/2001
DOL argued that by remitting to the ESOP's sponsoring employer a payment which the ESOP has no obligation to make under the terms of the plan or otherwise, Key Trust clearly would violate its duty of fiduciary loyalty and commit a prohibited transaction

Harley v. 3M
07/12/2000
DOL filed a brief arguing that the district court erred in concluding that the defined benefit pension plan suffered no loss because it was over funded. DOL also argued that the district court erred in applying the adequate consideration test in Section 408(b)(2) to the prohibited transaction because the transaction involved self-dealing and was prohibited by Section 406(b)