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Division of Plan Benefits Security (PBS)


The Solicitor's Plan Benefits Security Division protects the rights of America's workers and retirees to their pension, health and other employment-related benefits under the Employee Retirement Income Security Act of 1974 (ERISA) through federal district court enforcement litigation, appellate and amicus curiae litigation, and advice and opinions with respect to statutory changes, ERISA regulations, sub-regulatory guidance, and interpretations of ERISA issued by the Secretary of Labor. Under ERISA, the Secretary is responsible to protect the participants and beneficiaries of over 650,000 retirement plans and approximately 2.3 million health and welfare plans and their interests in the over $8.7 trillion in assets held by those plans. In carrying out its mission, the Division's enforcement efforts, appellate and amicus practice, and regulatory and advice work cover the full range of ERISA issues. A few major areas include:

  • the fiduciary responsibility provisions of ERISA, which require persons who manage ERISA-covered retirement and healthcare plans to adhere to a high fidiciary standard of prudence and undivided loyalty to the participants and beneficiaries in managing plans and their assets;
  • the prohibited transaction provisions of ERISA, which bar certain transactions between an employee benefit plan and related persons or entities that are inherently subject to abuse and prohibit fiduciaries from self-dealing with plan assets and receiving kickbacks;
  • healthcare provisions of ERISA, which ensure health benefits plans abide by certain standards and provide certain benefits, including those required by the Affordable Care Act of 2010 (ACA) which became part of ERISA;
  • the claims procedure regulations of ERISA, which govern the process fiduciaries must undertake to ensure full and fair review of plan participants' claims for benefits;
  • anti-retaliation provision of ERISA, which protects whistleblowers and employees who exercise their rights under ERISA from retaliation by their employers;
  • reporting provisions of ERISA, which require benefit plans to file annual public reports in an effort to create transparency for plan participants and beneficiaries about their plans' assets and recent actions;

Our client agency is the Employee Benefit Security Administration (EBSA). For more details about the work of the Division, please see the "What We Do" section below.

Accomplishments:

  • Successfully litigated and recovered over $200 million dollars on behalf of the employees of Enron who lost their retirement savings because their retirement plan had invested in Enron stock (in cooperation with other governmental agencies and private lawyers) (Enron opinion, press release);
  • Successfully litigated and recovered over $250 million on behalf of employees who lost their retirement savings because their investment managers had invested with Bernard Madoff (in cooperation with private attorneys and other governmental agencies) (Ivy Asset Management press release; Austin press release);
  • Successfully litigated and recovered millions of dollars for employees whose pension plans overpaid for their employers' stock while also establishing standards for fiduciaries who oversee employee stock ownership plan (ESOP) transactions (Bruister opinion, brief; Sierra Aluminum press release);
  • Successfully investigated and recovered $84 million for the benefit of employee benefit plan customers whose foreign exchange trades were generally prices at or near the worst exchange rates at which currencies had traded in the market. (The Bank of New York Mellon press release);
  • Successfully used the amicus program to advocate for monetary remedies for plan participants hurt by fiduciary breaches, which culminated in a favorable Supreme Court decision (CIGNA v. Amara) and afterwards in numerous favorable circuit court decisions (Silva opinion, brief; Kenseth opinion, brief; McCravey opinion, brief; Geralds opinion, brief);
  • Successfully used the amicus program to file briefs arguing against a presumption that shielded fiduciaries from liability for imprudently investing pension savings into their own companies' stock, which culminated in a favorable decision by the Supreme Court rejecting the rule. (Dudenhoeffer opinion, brief).
  • Provided extensive legal advice and drafting assistance in major rulemakings that, for example:
    • developed the Conflict of Interest rule which requires fiduciaries to provide investment advice that is in the best interest of the consumers, and successfully helped defend this rule from several legal challenges (NAFA opinion, brief; Market Synergy opinion, brief).
    • developed the rules that require investment managers to disclose their fees included in the investment products that they sell to retirement plans and retirees;
    • developed guidance on changes to healthcare coverage in employee healthcare and disability plans as a result of the Affordable Care Act (ACA), including the procedures for processing claims for disability and insurance market reforms
    • strengthened the current claims procedure for disability claims, including that (1) decision makers be independent and impartial; (2) the plan fully explains reasons for denial of claim; (3) claimants have access to their entire claim file and are allowed to present evidence and testimony; and (4) claimants have an opportunity to respond to any new adverse evidence or rationales for a denial;

What we do:

The Division's attorneys handle:

  • Federal Trial Court Litigation:
    • preparing and filing complaints and conducting discovery, motions practice, and trials in U.S. District Court ERISA enforcement actions throughout the nation, which recover monetary losses caused by ERISA violations and obtain other monetary relief and significant injunctive relief for plans and their participants and beneficiaries;
    • participating in settlement negotiations and formal mediation conferences, often involving multiple parties and insurers; and
    • providing legal advice to EBSA in their investigations before filing suit to assist EBSA in building viable cases, conducting administrative depositions, and enforcing subpoenas for documents.
  • Federal Appellate and Amicus Litigation:
    • briefing and arguing all appeals before U.S. Courts of Appeals arising from ERISA enforcement litigation;
    • preparing recommendations to the U.S. Solicitor General for amicus participation, writing amicus briefs, and presenting oral argument in in the U.S. Courts of Appeals in ERISA cases brought by private parties which involve important and difficult legal issues of interest to the Secretary (see links to briefs below); and
    • preparing draft briefs, participating in moot courts, and providing legal assistance to the U. S. Solicitor General's Office when the United States is filing a brief and arguing in an ERISA case before the Supreme Court.
  • Administration Litigation:
    • litigating actions before Administrative Law Judges to recover penalties from plan administrators who fail to comply with ERISA's reporting obligations and administrative appeals in these actions.
  • Regulations, Opinions and Advice:
    • reviewing all regulations, sub-regulatory guidance, and interpretations proposed by EBSA and providing legal advice and assistance in drafting those proposals to protect them from potential legal challenges;
    • reviewing or assisting in the drafting of proposed legislation and Congressional testimony that implicate employee benefits laws;
    • providing legal advice on a variety of issues related to employee benefits laws, such as:
      • agency policies;
      • enforcement initiatives;
      • internal guidance to investigators, and
      • materials for employees, their beneficiaries, employers, fiduciaries, and those who serve plans to assist them in understanding their rights and responsibilities under ERISA.

Division staff attorneys generally engage in all the functions of the Division, though staff attorneys primarily focus on either litigation or regulatory work. They receive individual or team assignments from the Division's supervisory counsels, senior attorneys in the Division, and sometimes directly from the Associate or Deputy Associate Solicitor. Trial and appellate court litigation require travel as dictated by the demands in each case.

ERISA Litigation and Significant Issues in Ligitgation:

Summaries of SOL's federal court ERISA cases pending during the past year can be found at 2016 ERISA Litigation and Significant Issues in Litigation. (PDF)

DOL Agencies Supported:

Law Student Internship Program:

The Plan Benefits Security Division may select law student interns throughout the school year and over the summer. For more information, please contact the Division.

CONTACT INFORMATION:

    • DIVISION OF PLAN BENEFITS SECURITY
      200 Constitution Avenue, N.W., Room N-4611
      Washington, DC 20210
      (202) 693-5600
      (202) 693-5610 (FAX)
      • ASSOCIATE SOLICITOR G. William Scott
        • DEPUTY ASSOCIATE SOLICITOR Joanne Roskey
          • Counsel for Appellate and Special Litigation Thomas Tso
          • Counsel for Fiduciary Litigation Risa D. Sandler
          • Counsels for Litigation Robert Furst
            Glenn Loos
          • Counsel for Regulation James Craig
          • Administrative Officer Derrick R. Manning Sr.
          • Secretary Vacant

PUBLISHED LEGAL BRIEFS:

  Case Name Brief Type File Date

PDF Version - Louis J. Peterson, DC v. United Health Group, Inc.

Louis J. Peterson, DC v. United Health Group, Inc.

brief for the Secretary of Labor as amicus curaie in support of plaintiffs-appellees

09/05/2017

PDF Version - Ariana M. v. Humana Health Plans of Texas, Inc.

Ariana M. v. Humana Health Plans of Texas, Inc.

brief for the United States as amicus curaie in support of plaintiff-appellant

08/15/2017

PDF Version - Acosta v. Hutcheson

Acosta v. Hutcheson

brief for the Security of Labor

08/02/2017

PDF Version - Pearce v. Chrysle Group LLC Pension Plan

Pearce v. Chrysler Group LLC Pension Plan

brief for the United States as amicus curaie in support of plaintiff-appellant

07/28/2017

PDF Version - Sun Life v. Jackson

Sun Life v. Jackson

brief of the Secretary of Labor as Amicus Curiae in Support of Defendant-Appelee for Affirmance

07/12/2017

PDF Version - California Pacific Bank, et al., v. R. Alexander Acosta

California Pacific Bank, et al., v. R. Alexander Acosta

brief for the Secretary of Labor

06/23/2017

PDF Version - Brain v. Acosta

Brain v. Acosta

Secretary's Answering Brief

06/23/2017

PDF Version - U.S. Dept. of Labor v. Michael P. Harris

U.S. Dept. of Labor v. Michael P. Harris

Appellee's brief

04/19/2017

PDF Version - Advocate Health Care Network et al., v. Maria Stapleton et al.

Advocate Health Care Network et al., v. Maria Stapleton et al.

amicus curiae

01/24/2017

PDF Version - Perez v. Mathias (In re Mathias)

Perez v. Mathias (In re Mathias)

amicus curiae, on petition for a Writ of Mandamus

12/08/2016

PDF Version - Thrivent v. Perez

Thrivent v. Perez

brief, Memorandum in Support of Defendants

12/02/2016

PDF Version - Perez v. Preston, et al.

Perez v. Preston, et al.

on petition for review on an order of the BRB

12/02/2016

PDF Version - Donald and Harriet Van Loo v. Cajun Operating Company d/b/a Church's Chicken

Donald and Harriet Van Loo v. Cajun Operating Company d/b/a Church's Chicken

Brief of the amicus curiae

11/30/2016

PDF Version - James Thole v. U.S. Bank, National Association

James Thole v. U.S. Bank, National Association

amicus curiae brief, in support of appellant

10/19/2016

PDF Version - Chamber v. Perez

Chamber v. Perez

brief, Memorandum in Support of Defendants

10/07/2016

PDF Version - Perez v. Harris (In re Harris)

Perez v. Harris (In re Harris)

amicus brief

09/30/2016

PDF Version - Tatum v. RJR Pension Investment Committee

Tatum v. RJR Pension Investment Committee

amicus brief

09/09/2016

PDF Version - Hitchcock v. Cumberland Univ. 403(b) DC Plan

Hitchcock v. Cumberland Univ. 403(b) DC Plan

amicus brief

09/02/2016

PDF Version - Richard J. KWASNY v. Thomas Perez, Secretary Department of Labor

Richard J. KWASNY v. Thomas Perez, Secretary Department of Labor

amicus brief

08/10/2016

PDF Version - Market Synergy v. Perez

Market Synergy v. Perez

brief, Defendants' Opposition to Plaintiff's Motion

07/22/2016

PDF Version - Schoenfeld v. Perez

Schoenfeld v. Perez

Response brief

07/15/2016

PDF Version - NAFA v. Perez

NAFA v. Perez

brief, Memorandum in Support of Defendant

07/11/2016

PDF Version - Solnin v. Sun Life and Health Insurance Company, Genworth Life and Health Insurance Company, GE Group Life Assurance Compnay, Phoenix Life Insurance Company

Solnin v. Sun Life and Health Insurance Company, Genworth Life and Health Insurance Company, GE Group Life Assurance Compnay, Phoenix Life Insurance Company

amicus brief

06/19/2016

PDF Version - IN Re LORNA CLAUSE

IN Re LORNA CLAUSE

amicus brief

06/16/2016

PDF Version - Osberg v. Foot Locker, Inc.

Osberg v. Foot Locker, Inc.

Amicus brief

05/24/2016

PDF Version - Trujillo v. Landmark Enterprises

Trujillo v. Landmark Enterprises

Amicus brief

05/06/2016

PDF Version - Severstal Wheeling, Inc. Retirement Committee, et al. v. WPN Corp., et al.

Severstal Wheeling, Inc. Retirement Committee, et al. v. WPN Corp., et al.

brief/ memorandym in Support of Motion

3/15/2016

PDF Version - Whitley v. BP, p.l.c.

Whitley v. BP, p.l.c.

amicus curiae in support of plantiff-appellees

3/11/2016

PDF Version - Allen v. GreatBanc Trust Company

Allen v. GreatBanc Trust Company

amicus in support of appellants requesting reversal

2/16/2016

PDF Version - Perez v. Koresko

Perez v. Koresko

brief of appellee Secretary of Labor

2/10/2016

PDF Version - Smith v. AEGON Companies Pension Plan

Smith v. AEGON Companies Pension Plan

amicus curaie

11/25/2015

PDF Version - Perez v. Koresko

Perez v. Koresko

brief of appellee Secretary of Labor

11/09/2015

PDF Version - McCulloch Orthopaedic Surgical v. United Healthcare Insurance Co

McCulloch Orthopaedic Surgical v. United Healthcare Insurance Co

amicus curaie supporting plantiffs-appellants

10/22/2015

PDF Version - Kelley et. al.  v. Fidelity Fidelity Management Trust Company et. al.

Kelley et. al. v. Fidelity Fidelity Management Trust Company et. al.

amicus curaie supporting plantiffs-appellants

09/21/2015

PDF Version - Gobeille v. Liberty Mutual Insurance co.

Gobeille v. Liberty Mutual Insurance co.

amicus curaie supporting petitioner

09/04/2015

PDF Version - Kenneth Kirschenbaum, Chapter 7 Trustee of the Estate of Robert Plan Corp. v. United States Department of Labor

Kenneth Kirschenbaum, Chapter 7 Trustee of the Estate of Robert Plan Corp. v. United States Department of Labor

brief, for the respondent in opposition to Petition for a Writ of Certiorari

09/03/2015

PDF Version - Perez v. Doyle

Perez v. Doyle

brief, for the Secretary

09/03/2015

PDF Version - Perez v. Bruister

Perez v. Bruister

brief, for the Secretary

07/29/2015

PDF Version - Bond v. Marriott

Bond v. Marriott

amicus, supporting plantiffs-appellants

05/28/2015

PDF Version - Barboza v. California Ass'n of Professional Firefighters

Barboza v. California Ass'n of Professional Firefighters

amicus, in support of plantiff-appellant for panel rehearing

05/22/2015

PDF Version - McCaffree Financial Corp. v. Principal Life Insruance Co.

McCaffree Financial Corp. v. Principal Life Insruance Co.

amicus in support of plantiffs-appellants and requesting reversal

04/08/2015

PDF Version - Fontaine v. Metropolitan Life Insurance Company

Fontaine v. Metropolitan Life Insurance Company

amicus, in support of plaintiff-appellee

10/15/2014

PDF Version - Robert Plan Corporation, Kenneth Kirschenbaum v. United States Department of Labor

Robert Plan Corporation, Kenneth Kirschenbaum v. United States Department of Labor

brief for the United States Department of Labor

10/07/2014

PDF Version - Gabriel v. Alaska Electrical Pension Fund

Gabriel v. Alaska Electrical Pension Fund

amicus, in support of petition for rehearing or rehearing en banc

07/28/2014

PDF Version - Secretary, Department of Labor v. Koresko

Secretary, Department of Labor v. Koresko

brief for the Secretary of Labor

06/27/2014

PDF Version - Santomenno v. John Hancock Life Insurance Company

Santomenno v. John Hancock Life Insurance Company

amicus, corrected, in support of plaintiffs-appellants and requesting reversal

05/28/2014

PDF Version - New York State Psychiatric Association, Inc. v. UnitedHealth Group

New York State Psychiatric Association, Inc. v. UnitedHealth Group

amicus, in support of plaintiffs-appellants and requesting reversal

04/28/2014

PDF Version - Harrison v. Wells Fargo Bank

Harrison v. Wells Fargo Bank

amicus, in support of plaintiff-appellant

03/31/2014

PDF Version - Fulghum v. Embarq Corporation

Fulghum v. Embarq Corporation

amicus, in support of plaintiffs-appellants urging reversal and remand

12/18/2013

PDF Version - Julie Heimeshoff v. Hartford Life & Accident Insurance Co., et al.

Julie Heimeshoff v. Hartford Life & Accident Insurance Co., et al.

amicus curaie, supporting plantiffs-appellants

12/16/2013

PDF Version - Hi-Lex Controls Inc. v. Blue Cross Blue Shield of Michigan

Hi-Lex Controls Inc. v. Blue Cross Blue Shield of Michigan

amicus, in support of appellees

12/10/2013

PDF Version - Amara v. Cigna Corporation

Amara v. Cigna Corporation

amicus, supporting cross-appellees and requesting affirmance on the cross-appeal

11/19/2013

PDF Version - North Cypress Medical Center Operating Co., Limited v. Cigna Healthcare

North Cypress Medical Center Operating Co., Limited v. Cigna Healthcare

amicus,in support of plaintiffs-appellants, and requesting reversal

10-30-2013

PDF Version - Schoenfeld v. Perez

Schoenfeld v. Perez

brief for the Secretary of Labor

10-25-2013

PDF Version - Gates v. UnitedHealth Group Inc.

Gates v. UnitedHealth Group Inc.

amicus, in support of plaintiff-appellant and requesting reversal

09-19-2013

PDF Version - Silva v. Metropolitan Life Insurance Co.; Savvis Communication Corp.

Silva v. Metropolitan Life Insurance Co.; Savvis Communication Corp.

amicus, in support of plaintiff-appellant

08-13-2013

PDF Version - Smith v. Aegon Companies Pension Plan

Smith v. Aegon Companies Pension Plan

amicus, in support of plaintiff-appellant and urging reversal

08-12-2013

PDF Version - Sexton v. Panel Processing, Inc.

Sexton v. Panel Processing, Inc.

amicus, in support of plaintiff-appellant urging reversal and remand

07-19-2013

PDF Version - Tiblier v. Dlabal

Tiblier v. Dlabal

amicus, supporting appellants

07-19-2013

PDF Version - Liberty Mutual Insurance Company v. Donegan

Liberty Mutual Insurance Company v. Donegan

amicus, in support of defendant-appellee requesting affirmance

07-03-2013

PDF Version - Tatum v. R.J Reynolds Tobacco Company

Tatum v. R.J Reynolds Tobacco Company

amicus, in support of plaintiffs-appellants and urging reversal

06-25-2013

PDF Version - Tussey v. ABB, Inc.

Tussey v. ABB, Inc.

amicus, supporting plaintiffs-appellees

06-17-2013

PDF Version - Spindex Physical Therapy Usa, Inc. v. United Healthcare of Arizona, Inc.

Spindex Physical Therapy Usa, Inc. v. United Healthcare of Arizona, Inc.

amicus, in support of plaintiffs-appellants and requesting reversal

06-05-2013

PDF Version - Osberg v. Foot Locker, Inc. and Foot Locker Retirement Plan

Osberg v. Foot Locker, Inc. and Foot Locker Retirement Plan

amicus, in support of appellant requesting reversal

05-24-2013

PDF Version - Fuller v. Suntrust Banks, Inc.

Fuller v. Suntrust Banks, Inc.

in support of plaintiff-appellant

03-12-2013

PDF Version - David v. Alphin

David v. Alphin

amicus, in support of petition for rehearing en banc or panel rehearing

02-28-2013

PDF Version - Halo v. Yale Health Plan, Director of Benefits and Records, Yale University

Halo v. Yale Health Plan, Director of Benefits and Records, Yale University

amicus, in support of plaintiff-appellant

01-31-2013

PDF Version - Fish v. Greatbanc Trust Company

Fish v. Greatbanc Trust Company

amicus, supporting plaintiffs-appellants

01-29-2013

PDF Version - Tri3 Enterprises, LLC. v. Aetna, Inc.

Tri3 Enterprises, LLC. v. Aetna, Inc.

amicus, supporting plaintiff-appellant

11-30-2012

PDF Version - Gearlds v. Entergy Services, Inc.

Gearlds v. Entergy Services, Inc.

amicus, in support of appellant

09-04-2012

PDF Version - Arendt v. Solis

Arendt v. Solis

on appeal from the United States District Court for the Eastern District of Washington

08-16-2012

PDF Version - Kopp v. Klein

Kopp v. Klein

amicus, in support of the plaintiff-appellant

08-15-2012

PDF Version - Pacific Shores Hospital v. United Behavioral Health and Wells Fargo and Company Health Plan

Pacific Shores Hospital v. United Behavioral Health and Wells Fargo and Company Health Plan

amicus, in support of the plaintiffs-appellant's

08-13-2012

PDF Version - Access Mediquip L.L.C. v. UnitedHealthCare Insurance Company

Access Mediquip L.L.C. v. UnitedHealthCare Insurance Company

amicus, in support of plaintiff-appellant

07-11-2012

PDF Version - U.S. Airways, Inc. v. James E. McCutchen, et al.

U.S. Airways, Inc. v. James E. McCutchen, et al.

amicus curiae

06-25-2012

PDF Version - Leimkuehler v. American United Life Insurance Corp.

Leimkuehler v. American United Life Insurance Corp.

amicus, in support of plaintiff-appellant urging reversal and remand

06-01-2012

PDF Version - White v. Marshal and Ilsley Corp.

White v. Marshal and Ilsley Corp.

amicus, in support of plaintiffs-appellants and requesting affirmance in part and reversal in part

05/30/2012

PDF Version - Mozingo v. Trend Personnel Services

Mozingo v. Trend Personnel Services

amicus, in support of neither party

05/24/2012

PDF Version - Frommert v. Conkright

Frommert v. Conkright

amicus, supporting appellants and requesting reversal

05/11/2012

PDF Version - Barboza v. California Association of Firefighters

Barboza v. California Association of Firefighters

amicus, in support of the plaintiff-appellant

02/07/2012

PDF Version - In Re: Lehman Brothers Erisa Litigation

In Re: Lehman Brothers Erisa Litigation

amicus, in support of plaintiffs-appellants requesting reversal

01/11/2012

PDF Version - In Re: Beacon Securities Litigation

In Re: Beacon Securities Litigation

amicus, in support of plaintiffs' motion for class certification

01/09/2012

PDF Version - David v. Alphin

David v. Alphin

amicus, in support of plaintiffs-appellants urging reversal

12/28/2011

PDF Version - George v. Junior Achievement of Central Indiana, Inc.

George v. Junior Achievement of Central Indiana, Inc.

amicus, in support of plaintiff-appellant

12/16/2011

PDF Version - In Re: Citigroup Erisa Litigation

In Re: Citigroup Erisa Litigation

amicus, in support of appellants' petition for panel rehearing

12/06/2011

PDF Version - Schultz v. Avial

Schultz v. Avial

amicus, in support of plaintiffs-appellants' petition for hearing en banc

11/18/2011

PDF Version - United Airlines, Inc. v. Air Line Pilots Association, International

United Airlines, Inc. v. Air Line Pilots Association, International

amicus, in support of plaintiffs-appellees

10/03/2011

PDF Version - Santomenno v. John Hancock Life Insurance Company

Santomenno v. John Hancock Life Insurance Company

amicus, in support of appellants and requesting reversal

09/30/2011

PDF Version - Debbie McCravy v. Metropolitan Life Insurance Company

Debbie McCravy v. Metropolitan Life Insurance Company

amicus, supplemental, supporting plaintiff-appellant on panel rehearing

09/28/2011

PDF Version - Amara v. Cigna Corporation

Amara v. Cigna Corporation

amicus

09/22/2011

PDF Version - Donne v. Hardt

Donne v. Hardt

amicus, in response to court order

07/19/2011

PDF Version - Fisch v. Suntrust Banks, Inc.

Fisch v. Suntrust Banks, Inc.

amicus, in support of the plaintiffs-appellees

08/12/2011

PDF Version - Fisch v. Suntrust Banks, Inc.

Fisch v. Suntrust Banks, Inc.

amicus, in support of the plaintiffs-appellants

07/15/2011

PDF Version - Dudenhoeffer v. Fifth Third Bancorp

Dudenhoeffer v. Fifth Third Bancorp

amicus, in support of appellants

07/14/2011

PDF Version - Griffin v. Flagstar Bankorp, Inc.

Griffin v. Flagstar Bankorp, Inc.

amicus, in support of plaintiffs-appellants and requesting reversal

06/30/2011

PDF Version - Kenseth v. Dean Health Plans, Inc.

Kenseth v. Dean Health Plans, Inc.

amicus, in support of reversal

06/13/2011

PDF Version - Debbie McCravy v. Metropolitan Life Insurance Company

Debbie McCravy v. Metropolitan Life Insurance Company

amicus, in support of petition for rehearing or rehearing en banc

05/31/2011

PDF Version - Tibble v. Edison International

Tibble v. Edison International

amicus, in support of plaintiffs-appellants

05/25/2011

PDF Version - Taylor v. KeyCorp

Taylor v. KeyCorp

amicus, supporting plaintiff-cross-appellee

05/20/2011

PDF Version - Fossen v. Blue Cross and Blue Shield of Montana, Inc.

Fossen v. Blue Cross and Blue Shield of Montana, Inc.

amicus, in support of plaintiffs-appellants

02/18/2011

PDF Version - Faber v. Metropolitan Life Ins. Co.

Faber v. Metropolitan Life Ins. Co.

amicus, letter in response to the court's invitation

02/17/2011

PDF Version - Secretary of Labor v. Holloway and Doyle

Secretary of Labor v. Holloway and Doyle

on appeal from the United States District Court for the District of New Jersey

02/16/2011

PDF Version - Pfeil v. State Street Bank and Trust Company

Pfeil v. State Street Bank and Trust Company

amicus, in support of plaintiffs-appellants and requesting reversal

02/15/2011

PDF Version - Secretary of Labor v. Holloway and Doyle

Secretary of Labor v. Holloway and Doyle

reply

02/04/2011

PDF Version - Taylor v. KeyCorp

Taylor v. KeyCorp

amicus, supporting plaintiff-appellant

01/12/2011

PDF Version - Sherfel v. Gassman

Sherfel v. Gassman

amicus, in support of defendant's memorandum on opposition to plaintiffs' request for injunctive and declaratory relief

12/07/2010

PDF Version - Allen v. Wachovia Corp.

Allen v. Wachovia Corp.

amicus, supporting plaintiffs-appellants

11/24/2010

PDF Version - Kenseth v. Dean Health Plans, Inc.

Kenseth v. Dean Health Plans, Inc.

amicus

11/22/2010

PDF Version - Lanfear v. Home Depot, Inc.

Lanfear v. Home Depot, Inc.

amicus, in support of the plaintiff-appellant

11/22/2010

PDF Version - McLemore v. Regions Bank

McLemore v. Regions Bank

amicus, supporting appellants

11/19/2010

PDF Version - Sewright v. ING Groep, N.V.

Sewright v. ING Groep, N.V.

amicus, in support of the plaintiffs-appellants

11/18/2010

PDF Version - Quan v. Computer Sciences Corp.

Quan v. Computer Sciences Corp.

amicus, in support of petition for en banc rehearing

11/01/2010

PDF Version - In Re: J.P. Jeanneret Associates, Inc.

In Re: J.P. Jeanneret Associates, Inc.

amicus, in support of plaintiffs' memorandum in opposition to defendants' motions to dismiss claims

10/18/2010

PDF Version - Solis v. The Food Employers Labor Relations Association and United Food and Commercial Works Pension Fund, et. al.

Solis v. The Food Employers Labor Relations Association and United Food and Commercial Works Pension Fund, et. al.

on appeal from the U.S. District Court for the District of Maryland

10/18/2010

PDF Version - In Re: Beacon Securities Litigation

In Re: Beacon Securities Litigation

amicus, in support of plaintiffs' memoranda in opposition to defendants' motions to dismiss claims

10/01/2010

PDF Version - Renfro v. Unisys

Renfro v. Unisys

amicus, in support of plaintiffs-appellants and requesting reversal

09/16/2010

PDF Version - Boyd v. Metropolitan Life Insurance Company

Boyd v. Metropolitan Life Insurance Company

amicus, supporting defendant-appellee

09/14/2010

PDF Version - Fish v. Greatbanc Trust Corp.

Fish v. Greatbanc Trust Corp.

amicus, in support of plaintiffs' opposition to defendants' joint motion for summary judgment

06/25/2010

PDF Version - Barboza v. California Association of Firefighters

Barboza v. California Association of Firefighters

amicus, in support of the plaintiff-appellant

06/15/2010

PDF Version - Gearren v. McGraw-Hill Companies, Inc.

Gearren v. McGraw-Hill Companies, Inc.

amicus, in support of appellants requesting reversal

06/04/2010

PDF Version - Lingis v. Motorola, Inc.

Lingis v. Motorola, Inc.

amicus, in support of plaintiffs-appellants

05/14/2010

PDF Version - Solis v. Malkani

Solis v. Malkani

on appeal from the U.S. District Court for the District of Maryland

05/03/2010

PDF Version - Debbie McCravy v. Metropolitan Life Insurance Company

Debbie McCravy v. Metropolitan Life Insurance Company

amicus, supporting plaintiff-appellant

04/28/2010

PDF Version - Tullis v. UMB Bank

Tullis v. UMB Bank

amicus, in support of plaintiffs-appellants

04/15/2010

PDF Version - Loomis v. Exelon Corporation

Loomis v. Exelon Corporation

amicus, in support of plaintiff-appellants

02/10/2010

PDF Version - Matschiner v. Hartford Life And Accident Insurance Company

Matschiner v. Hartford Life And Accident Insurance Company

amicus, supporting defendant-appellant and requesting reversal

02/03/2010

PDF Version - In Re: Citigroup Erisa Litigation

In Re: Citigroup Erisa Litigation

amicus, in support of appellant requesting reversal

12/28/2009

PDF Version - Kanawi v. Bechtel Corporation

Kanawi v. Bechtel Corporation

amicus, in support of plaintiffs

12/28/2009

PDF Version - Celentano v. Burnes

Celentano v. Burnes

amicus, in support of defendant's motion to dismiss

12/18/2009

PDF Version - Nauman v. Abbott Laboratories, and Hospira, Inc.

Nauman v. Abbott Laboratories, and Hospira, Inc.

amicus, in support of plaintiffs

12/17/2009

PDF Version - Beesley v. International Paper Company

Beesley v. International Paper Company

amicus, in support of plaintiffs-appellees urging affirmance

12/14/2009

PDF Version - McCullough v. Aegon USA, Inc.

McCullough v. Aegon USA, Inc.

amicus, in support of appellant's petition for rehearing en banc

12/01/2009

PDF Version - Edwards v. A. H. Cornell and Son, Inc.

Edwards v. A. H. Cornell and Son, Inc.

amicus, in support of appellant for reversal

11/23/2009

PDF Version - Daniels-Hall v. National Education Association

Daniels-Hall v. National Education Association

amicus, in support of defendants

09/04/2009

PDF Version - Nicolas v. MCI Health And Welfare Plan

Nicolas v. MCI Health And Welfare Plan

amicus, in support of plaintiff-appellee-cross-appellant

08/31/2009

PDF Version - Pharmaceutical Care Management Association v. District of Columbia

Pharmaceutical Care Management Association v. District of Columbia

amicus, in support of appellants

08/21/2009

PDF Version - Midgett v. Washington Group International Long Term Disability Plan

Midgett v. Washington Group International Long Term Disability Plan

amicus, in support of appellants

05/29/2009

PDF Version - Wendel v. Herzlinger

Wendel v. Herzlinger

amicus, in support of plaintiff-appellee and requesting affirmance

05/26/2009

PDF Version - Cook v. Campbell

Cook v. Campbell

amicus, in support of appellants

04/21/2009

PDF Version - US Securities and Exchange Commission v. AA Capital Partners, Inc.

US Securities and Exchange Commission v. AA Capital Partners, Inc.

amicus, in opposition to the General Partners' motion for attorneys fees

04/03/2009

PDF Version - US Securities and Exchange Commission v. AA Capital Partners, Inc.

US Securities and Exchange Commission v. AA Capital Partners, Inc.

amicus, motion of the Secretary of Labor for leave to file a brief on the pending attorney's fees issues

02/19/2009

PDF Version - Hecker v. Deere

Hecker v. Deere

amicus, in support of panel rehearing

02/17/2009

PDF Version - Braden v. Wal-Mart Stores, Inc.

Braden v. Wal-Mart Stores, Inc.

amicus, supporting plaintiff-appellant and requesting reversal

02/13/2009

PDF Version - Johnson v. Couturier

Johnson v. Couturier

amicus, supporting appellees and requesting affirmance

01/30/2009

PDF Version - Rahm v. Halpin

Rahm v. Halpin

amicus, supporting debtor-defendant-appellee

01/16/2009

PDF Version - Cyr v. Reliance Standard Life Insurance Company

Cyr v. Reliance Standard Life Insurance Company

amicus, supporting appellee's petition for hearing en banc

11/10/2008

PDF Version - Johnson v. Couturier

Johnson v. Couturier

amicus, in support of motion for preliminary injunction

09/24/2008

PDF Version - Sowers, et al v. FreightCar America

Sowers, et al v. FreightCar America

amicus, supporting plaintiffs-appellees

06/06/2008

PDF Version - Young v. General Motors Investment Management Corp.

Young v. General Motors Investment Management Corp.

amicus, supporting plaintiffs-appellants

07/03/2008

PDF Version - Chao v. Meixner

Chao v. Meixner

petition on appeal from the U.S. District Court for the Northern District of Georgia

07/11/2008

PDF Version - Chao v. Plan Benefit Services, Inc.

Chao v. Plan Benefit Services, Inc.

memorandum in further support of plaintiff's motion for summary judgment

05/12/2008

PDF Version - McLemore v. Regions Bank

McLemore v. Regions Bank

amicus, in support of plaintiff

05/05/2008

PDF Version - Hecker v. Deere

Hecker v. Deere

amicus, in support of plaintiffs-appellants, amended

04/02/2008

PDF Version - Golden Gate Restaurant Association v. City and County of San Francisco

Golden Gate Restaurant Association v. City and County of San Francisco

amicus, supporting appellee and requesting affirmance

02/27/2008

PDF Version - Grabek v. Northrop Grumman Corp.

Grabek v. Northrop Grumman Corp.

amicus, supporting plaintiffs-appellants

02/05/2008

PDF Version - Chao v. Plan Benefit Services, Inc.

Chao v. Plan Benefit Services, Inc.

memorandum in support of plaintiff's motion for summary judgment

02/03/2008

PDF Version - Lively v. Dynergy

Lively v. Dynergy

amicus, in support of plaintiffs-appellees

10/10/2007

PDF Version - Evans v. Akers

Evans v. Akers

amicus, in support of plaintiffs-appellants and requesting reversal

08/08/2007

PDF Version - Pfahler v. National Latex Products Co.

Pfahler v. National Latex Products Co.

amicus, in support of plaintiffs-appellants

02/21/2007

PDF Version - Tullis v. UMB Bank

Tullis v. UMB Bank

amicus, supporting appellants and requesting reversal

02/06/2007

PDF Version - Chao v. Community Trust Co.

Chao v. Community Trust Co.

secretary’s petition for panel rehearing and rehearing en banc

02/05/2007

PDF Version - Harzewski v. Guidant Corp.

Harzewski v. Guidant Corp.

amicus, supporting plaintiffs-appellants and requesting reversal

12/28/2006

PDF Version - Rogers v. Baxter International, Inc.

Rogers v. Baxter International, Inc.

amicus, supporting plaintiffs-appellees

12/08/2006

PDF Version - In Re: Calpine Corporation

In Re: Calpine Corporation

amicus, supporting appellants and requesting reversal

11/15/2006

PDF Version - Retail Industry Leaders Association v. Fielder

Retail Industry Leaders Association v. Fielder

amicus, supporting plaintiff-appellee and requesting affirmance

11/06/2006

PDF Version - Howell v. Motorola, Inc.

Howell v. Motorola, Inc.

amicus, supporting plaintiffs-appellants

11/01/2006

PDF Version - Bridges v. American Electric Power Company, Inc.

Bridges v. American Electric Power Company, Inc.

amicus, supporting plaintiff-appellant and requesting reversal

10/19/2006

PDF Version - Graden v. Conexant Systems, Inc.

Graden v. Conexant Systems, Inc.

amicus, supporting plaintiff-appellant and requesting reversal

09/01/2006

PDF Version - Kirschbaum v. Reliant Energy, Inc.

Kirschbaum v. Reliant Energy, Inc.

amicus, in support of plaintiffs-appellants

08/16/2006

PDF Version - Dickerson v. Feldman

Dickerson v. Feldman

amicus, supporting plaintiff-appellant

07/18/2006

PDF Version - Woods v. Southern Company

Woods v. Southern Company

amicus, in support of the appellant and requesting reversal

07/14/2006

PDF Version - LaRue v. DeWolff, Boberg and Assoc., Inc.

LaRue v. DeWolff, Boberg and Assoc., Inc.

amicus, in support of petition for rehearing and rehearing en banc

07/12/2006

PDF Version - Holtzscher v Dynegy, Inc.

Holtzscher v Dynegy, Inc.

amicus, in support of plaintiffs-appellants requesting reversal

06/28/2006

PDF Version - Vaughn v. Bay Environmental Management, Inc.

Vaughn v. Bay Environmental Management, Inc.

amicus, supporting plaintiffs-appellants

06/07/2006

PDF Version - Green v. ExxonMobil Corp.

Green v. ExxonMobil Corp.

amicus, in support of appellants and requesting reversal

05/25/2006

PDF Version - Beck v. Pace International Union

Beck v. Pace International Union

amicus, in support of petition for rehearing

12/15/2005

PDF Version - Armstrong v. LaSalle Bank National Association

Armstrong v. LaSalle Bank National Association

amicus

12/01/2005

PDF Version - Martin M. Coyne v. Bayer Corporation and Sterling Drug, Inc.

Martin M. Coyne v. Bayer Corporation and Sterling Drug, Inc.

amicus, in support of appellant requesting reversal

10/18/2005

PDF Version - Chao v. Day

Chao v. Day

on appeal from the U.S. District Court for the District of Columbia

09/30/2005

PDF Version - Chao v. Community Trust Co.

Chao v. Community Trust Co.

on appeal from the U.S. District Court for the Eastern District of Pennsylvania

09/27/2005

PDF Version - BlueCross BlueShield of South Carolina v. Carillo

BlueCross BlueShield of South Carolina v. Carillo

amicus, in support of appellant requesting reversal

09/14/2005

PDF Version - Chao v. Koresko

Chao v. Koresko

on appeal from the U.S. District Court for the Eastern District of Pennsylvania

09/02/2005

PDF Version - Milofsky v. American Airlines, Inc.

Milofsky v. American Airlines, Inc.

amicus, in support of plaintiffs-appellants

08/11/2005

PDF Version - Pereira v. Farace

Pereira v. Farace

amicus, supporting appellant's petition for panel and en banc rehearing

07/25/2005

PDF Version - Goeres v. Charles Schwab and Co.

Goeres v. Charles Schwab and Co.

amicus, in support of the appellant and requesting reversal

07/11/2005

PDF Version - In Re: Merrimac Paper Company

In Re: Merrimac Paper Company

amicus, supporting appellant for reversal

05/11/2005

PDF Version - Bickley v. Caremark, Inc.

Bickley v. Caremark, Inc.

amicus, in support of appellant requesting reversal

05/05/2005

PDF Version - Langbecker v. EDS

Langbecker v. EDS

amicus, in support of plaintiffs-appellees requesting affirmance

04/26/2005

PDF Version - Milofsky v. American Airlines, Inc.

Milofsky v. American Airlines, Inc.

amicus, supporting plaintiff's-appellant's petition for rehearing en banc

04/11/2005

PDF Version - Coan v. Kaufman

Coan v. Kaufman

amicus

02/25/2005

PDF Version - In Re: UAL Corporation

In Re: UAL Corporation

amicus, letter response

12/17/2004

PDF Version - In Re: Schering-Plough Corporation ERISA Litigation

In Re: Schering-Plough Corporation ERISA Litigation

amicus, supporting plaintiffs-appellants and requesting reversal

10/20/2004

PDF Version - Midatlantic v. Sereboff

Midatlantic v. Sereboff

amicus, in support of plaintiff-appellee

07/08/2004

PDF Version - Glanton v. AdvancePCS Health

Glanton v. AdvancePCS Health

amicus, in support of appellant and requesting reversal

07/01/2004

PDF Version - Agway v. Magnuson

Agway v. Magnuson

amicus, in opposition to motions to dismiss

06/18/2004

PDF Version - QualChoice v. Rowland

QualChoice v. Rowland

amicus, in support of plaintiff-appellant's petition for en banc rehearing

06/17/2004

PDF Version - Tatum v. R. J. Reynolds Tobacco Co.

Tatum v. R. J. Reynolds Tobacco Co.

amicus, in support of appellant and reversal of the District Court's decision

05/07/2004

PDF Version - United States Department of Labor v. Grayson

U.S. Department of Labor v. Grayson

on appeal from and order of the U.S. Bankruptcy Court for the District of Oregon

04/16/2004

PDF Version - Nicolaou v. Horizon Media

Nicolaou v. Horizon Media

amicus, in support of appellant for reversal

02/12/2004

PDF Version - Milofsky v. American Airlines, Inc.

Milofsky v. American Airlines, Inc.

amicus, supporting plaintiffs-appellants and requesting reversal

02/27/2004

PDF Version - In Re: WorldCom

In Re: WorldCom

amicus, in opposition to motions to dismiss

01/16/2004

PDF Version - Millsap v. McDonnell-Douglas

Millsap v. McDonnell-Douglas

amicus, in support of plaintiffs-appellees urging affirmance

10/09/2003

PDF Version - Bombardier v. Ferrer

Bombardier v. Ferrer

amicus, in support of appellee requesting affirmance

09/11/2003

PDF Version - Callery v. United States Life Ins. Co.

Callery v. United States Life Ins. Co.

amicus, in support of appellant and reversal of the District Court's decision

08/20/2003

PDF Version - In Re: Williams Company

In Re: Williams Company

amicus, supporting plaintiff's motion for reconsideration

08/20/2003

PDF Version - Arana v. Ochsner Health Plan, Inc.

Arana v. Ochsner Health Plan, Inc.

amicus

04/10/2003

PDF Version - Gerosa v. Savasta

Gerosa v. Savasta

amicus, supporting reversal

11/01/2002

PDF Version - Stern v. IBM

Stern v. IBM

amicus, in support of appellant for reversal

10/15/2002

PDF Version - Sardagna v. Glaziers Pension Trust

Sardagna v. Glaziers Pension Trust

amicus, in support of plaintiff-appellee-cross-appellant

10/15/2002

PDF Version - Mario v. P&C Food Markets

Mario v. P&C Food Markets

amicus, in support of appellee

09/10/2002

PDF Version - Tittle v. Enron

Tittle v. Enron

amicus, opposing the motions to dismiss

08/30/2002

PDF Version - Harley v. Minnesota Mining and Mfg. Co.

Harley v. Minnesota Mining and Mfg. Co.

amicus, in support of appellant's petition for panel rehearing and rehearing en banc

05/22/2002

PDF Version - Keen v. Weaver

Keen v. Weaver

amicus, supporting petitioner

02/13/2002

PDF Version - Ostler v. OCE-USA, Inc.

Ostler v. OCE-USA, Inc.

amicus, in support of the appellant

02/08/2002

PDF Version - In the matter of the Estate of David A. Egelhoff

In the matter of the Estate of David A. Egelhoff

amicus, in opposition to the respondent's motion for further determination

06/26/2001

PDF Version - Benefits Committee v. Key Trust

Benefits Committee v. Key Trust

amicus, in support of defendant-appellee

06/22/2001

PDF Version - Harley v. Minnesota Mining and Mfg. Co.

Harley v. Minnesota Mining and Mfg. Co.

amicus, in support of appellants and reversal

06/12/2000