The Plan Benefits Security Division (PBS) 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 fiduciary 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 Litigation

Summaries of SOL's federal court ERISA cases pending during the past year can be found at 2022 ERISA Litigation and Significant Issues in Litigation.

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 Contact Information
200 Constitution Ave NW
Room N-4611
Washington, DC 20210
202-693-5600
202-693-5610 (fax)
Associate SolicitorWayne R. Berry
Deputy Associate SolicitorStephanie Lewis
Counsel for Appellate and Special LitigationJeffrey M. Hahn
Counsels for Health Investigations and Compliance (Acting)Geoffrey Forney
Christine Han
Counsels for Litigation (Acting)Blair Byrum
Geoffrey Forney
Counsels for RegulationMegan Hansen
Melissa Moore
Administrative OfficerDerrick R. Manning, Sr.

PUBLISHED LEGAL BRIEFS:

Case NameBrief TypeFile Date
Martin Walsh v. Brian Bowers, et alAmicus Brief09/19/2022
Massachusetts Laborers' Health & Welfare Fund v. Blue Cross Blue Shield of MassachusettsAmicus Brief09/14/2022
Harrison v. Envision Management Holding Inc., Board of Directors, et alAmicus Brief09/07/2022
Cedeno v. Argent Trust CompanyAmicus Brief06/10/2022
DOE 1 v. EXPRESS SCRIPTSAmicus Brief05/24/2022
Winsor et al. v. Sequoia Benefits and Insurance Services, LLC, et al.Amicus Brief03/16/2022
D.K. v United Behavioral HealthAmicus Brief02/23/2022
Walsh v. Alight LLCResponse Brief02/18/2022
Skelton v. Reliance Standard Life Insurance CompanyAmicus Brief12/06/2021
Gannett v. QuatroneAmicus Brief11/09/2021
McQuillin v. Hartford Life and Accident Insurance CompanyAmicus Brief10/05/2021
Shields v. United of Omaha Life Insurance CompanyAmicus Brief09/22/2021
Gimeno v. NCHMD, Inc., et al.Amicus Brief09/14/2021
Bafford v. Northrop Grumman Corp. Amicus Brief06/28/2021
PriceWaterhouseCoopers LLP, et. al. v. LaurentAmicus Brief05/24/2021
Hughes v. NorthwesternAmicus Brief05/21/2021
Wit et al v. United Behavioral HealthAmicus Brief05/19/2021
Sheet Metal Workers' Health and Welfare Fund of North Carolina v. Michael A. DeMayo, LLPLaw Office ofAmicus Brief04/09/2021
Scalia v. VinoskeyResponse  Brief11/17/2020
N.R. v. RaytheonAmicus Brief10/07/2020
Ovist v. Unum Life Ins. Co.Amicus Brief08/21/2020
Howard Jarvis Taxpayers Association, et al. v. The California Secure Choice Retirement Savings Program, et al.Amicus Brief06/19/2020
SCALIA v. WPN, et. al.Amicus Brief05/08/2020
SCALIA v. WPN, et. al.Opening Brief03/18/2020
CUNNINGHAM v. WAWAAmicus Brief12/11/2019
RUTLEDGE v. PHARMACUETICAL CARE MANAGEMENT ASSOC.Amicus Brief12/10/2019
RUTLEDGE v. PHARMACEUTICAL CARE MANAGEMENT ASSOC.Amicus Brief12/01/2019
RETIREMENT PLANS COMMITTEE OF IBM, et al., v. JANDER, et al.Amicus Brief08/01/2019
Vigeant v MeekAmicus Brief02/26/2019
IVAN MITCHELL, et al. v. BLUE CROSS BLUE SHIELD OF NORTH DAKOTA, et alAmicus Brief01/22/2019
SECRETARY OF LABOR v. BRAINAmicus Brief01/18/2019
Charles Guenther v. Lockheed Martin Corporation, et al.Amicus Brief08/22/2018
Laurent, et al. v. PriceWaterhouseCoopers LLP, et al.Amicus Brief08/15/2018
BRUNDLE v WILMINGTON TRUST, N.A.Amicus Brief07/23/2018
Richard J. KWASNY v. R. Alexander ACOSTA, Secretary Dept. of LaborResponse Brief05/07/2018
Rudel v. Hawaii Management Alliance AssociationAmicus Brief04/16/2018
Acosta v. City National Corp. et al.Response Brief02/05/2018
Malave v. Life Insurance Co. of North AmericaAmicus Brief02/01/2018
Springer v. Cleveland Clinic Employee Health Plan Total CareAmicus Brief01/19/2018
Koresko v. Acosta, Secretary of LaborResponse Brief10/18/2017
Louis J. Peterson, DC v. United Health Group, Inc.brief for the Secretary of Labor as amicus curaie in support of plaintiffs-appellees09/05/2017
Ariana M. v. Humana Health Plans of Texas, Inc.brief for the United States as amicus curaie in support of plaintiff-appellant08/15/2017
Acosta v. Hutchesonbrief for the Security of Labor08/02/2017
Pearce v. Chrysler Group LLC Pension Planbrief for the United States as amicus curaie in support of plaintiff-appellant07/28/2017
Sun Life v. Jacksonbrief of the Secretary of Labor as Amicus Curiae in Support of Defendant-Appelee for Affirmance07/12/2017
California Pacific Bank, et al., v. R. Alexander Acostabrief for the Secretary of Labor06/23/2017
Brain v. AcostaSecretary's Answering Brief06/23/2017
Acosta v. Preston, et al.reply brief05/19/2017
U.S. Dept. of Labor v. Michael P. HarrisAppellee's brief04/19/2017
U.S. Department of Labor v. Preston, et al.opening brief04/05/2017
Advocate Health Care Network et al., v. Maria Stapleton et al.amicus curiae01/24/2017
Perez v. Mathias (In re Mathias)amicus curiae, on petition for a Writ of Mandamus12/08/2016
Thrivent v. Perezbrief, Memorandum in Support of Defendants12/02/2016
Perez v. Preston, et al.petition for interlocutory review12/02/2016
Donald and Harriet Van Loo v. Cajun Operating Company d/b/a Church's ChickenBrief of the amicus curiae11/30/2016
James Thole v. U.S. Bank, National Associationamicus curiae brief, in support of appellant10/19/2016
Chamber v. Perezbrief, Memorandum in Support of Defendants10/07/2016
Perez v. Harris (In re Harris)amicus brief09/30/2016
Tatum v. RJR Pension Investment Committeeamicus brief09/09/2016
Hitchcock v. Cumberland Univ. 403(b) DC Planamicus brief09/02/2016
Richard J. KWASNY v. Thomas Perez, Secretary Department of Laboramicus brief08/10/2016
Market Synergy v. Perezbrief, Defendants' Opposition to Plaintiff's Motion07/22/2016
Schoenfeld v. PerezResponse brief07/15/2016
NAFA v. Perezbrief, Memorandum in Support of Defendant07/11/2016
Solnin v. Sun Life and Health Insurance Company, Genworth Life and Health Insurance Company, GE Group Life Assurance Compnay, Phoenix Life Insurance Companyamicus brief06/19/2016
IN Re LORNA CLAUSEamicus brief06/16/2016
Osberg v. Foot Locker, Inc.Amicus brief05/24/2016
Trujillo v. Landmark EnterprisesAmicus brief05/06/2016
Severstal Wheeling, Inc. Retirement Committee, et al. v. WPN Corp., et al.brief/ memorandym in Support of Motion3/15/2016
Whitley v. BP, p.l.c.amicus curiae in support of plantiff-appellees3/11/2016
Allen v. GreatBanc Trust Companyamicus in support of appellants requesting reversal2/16/2016
Perez v. Koreskobrief of appellee Secretary of Labor2/10/2016
Smith v. AEGON Companies Pension Planamicus curaie11/25/2015
Perez v. Koreskobrief of appellee Secretary of Labor11/09/2015
McCulloch Orthopaedic Surgical v. United Healthcare Insurance Coamicus curaie supporting plantiffs-appellants10/22/2015
Kelley et. al. v. Fidelity Fidelity Management Trust Company et. al.amicus curaie supporting plantiffs-appellants09/21/2015
Gobeille v. Liberty Mutual Insurance co.amicus curaie supporting petitioner09/04/2015
Kenneth Kirschenbaum, Chapter 7 Trustee of the Estate of Robert Plan Corp. v. United States Department of Laborbrief, for the respondent in opposition to Petition for a Writ of Certiorari09/03/2015
Perez v. Doylebrief, for the Secretary09/03/2015
Perez v. Bruisterbrief, for the Secretary07/29/2015
Bond v. Marriottamicus, supporting plantiffs-appellants05/28/2015
Barboza v. California Ass'n of Professional Firefightersamicus, in support of plantiff-appellant for panel rehearing05/22/2015
McCaffree Financial Corp. v. Principal Life Insruance Co.amicus in support of plantiffs-appellants and requesting reversal04/08/2015
Fontaine v. Metropolitan Life Insurance Companyamicus, in support of plaintiff-appellee10/15/2014
Robert Plan Corporation, Kenneth Kirschenbaum v. United States Department of Laborbrief for the United States Department of Labor10/07/2014
Gabriel v. Alaska Electrical Pension Fundamicus, in support of petition for rehearing or rehearing en banc07/28/2014
Secretary, Department of Labor v. Koreskobrief for the Secretary of Labor06/27/2014
Santomenno v. John Hancock Life Insurance Companyamicus, corrected, in support of plaintiffs-appellants and requesting reversal05/28/2014
New York State Psychiatric Association, Inc. v. UnitedHealth Groupamicus, in support of plaintiffs-appellants and requesting reversal04/28/2014
Harrison v. Wells Fargo Bankamicus, in support of plaintiff-appellant03/31/2014
Fulghum v. Embarq Corporationamicus, in support of plaintiffs-appellants urging reversal and remand12/18/2013
Julie Heimeshoff v. Hartford Life & Accident Insurance Co., et al.amicus curaie, supporting plantiffs-appellants12/16/2013
Hi-Lex Controls Inc. v. Blue Cross Blue Shield of Michiganamicus, in support of appellees12/10/2013
Amara v. Cigna Corporationamicus, supporting cross-appellees and requesting affirmance on the cross-appeal11/19/2013
North Cypress Medical Center Operating Co., Limited v. Cigna Healthcareamicus,in support of plaintiffs-appellants, and requesting reversal10-30-2013
Schoenfeld v. Perezbrief for the Secretary of Labor10-25-2013
Gates v. UnitedHealth Group Inc.amicus, in support of plaintiff-appellant and requesting reversal09-19-2013
Silva v. Metropolitan Life Insurance Co.; Savvis Communication Corp.amicus, in support of plaintiff-appellant08-13-2013
Smith v. Aegon Companies Pension Planamicus, in support of plaintiff-appellant and urging reversal08-12-2013
Sexton v. Panel Processing, Inc.amicus, in support of plaintiff-appellant urging reversal and remand07-19-2013
Tiblier v. Dlabalamicus, supporting appellants07-19-2013
Liberty Mutual Insurance Company v. Doneganamicus, in support of defendant-appellee requesting affirmance07-03-2013
Tatum v. R.J Reynolds Tobacco Companyamicus, in support of plaintiffs-appellants and urging reversal06-25-2013
Tussey v. ABB, Inc.amicus, supporting plaintiffs-appellees06-17-2013
Spindex Physical Therapy Usa, Inc. v. United Healthcare of Arizona, Inc.amicus, in support of plaintiffs-appellants and requesting reversal06-05-2013
Osberg v. Foot Locker, Inc. and Foot Locker Retirement Planamicus, in support of appellant requesting reversal05-24-2013
Fuller v. Suntrust Banks, Inc.in support of plaintiff-appellant03-12-2013
David v. Alphinamicus, in support of petition for rehearing en banc or panel rehearing02-28-2013
Halo v. Yale Health Plan, Director of Benefits and Records, Yale Universityamicus, in support of plaintiff-appellant01-31-2013
Fish v. Greatbanc Trust Companyamicus, supporting plaintiffs-appellants01-29-2013
Tri3 Enterprises, LLC. v. Aetna, Inc.amicus, supporting plaintiff-appellant11-30-2012
Gearlds v. Entergy Services, Inc.amicus, in support of appellant09-04-2012
Arendt v. Solison appeal from the United States District Court for the Eastern District of Washington08-16-2012
Kopp v. Kleinamicus, in support of the plaintiff-appellant08-15-2012
Pacific Shores Hospital v. United Behavioral Health and Wells Fargo and Company Health Planamicus, in support of the plaintiffs-appellant's08-13-2012
Access Mediquip L.L.C. v. UnitedHealthCare Insurance Companyamicus, in support of plaintiff-appellant07-11-2012
U.S. Airways, Inc. v. James E. McCutchen, et al.amicus curiae06-25-2012
Leimkuehler v. American United Life Insurance Corp.amicus, in support of plaintiff-appellant urging reversal and remand06-01-2012
White v. Marshal and Ilsley Corp.amicus, in support of plaintiffs-appellants and requesting affirmance in part and reversal in part05/30/2012
Mozingo v. Trend Personnel Servicesamicus, in support of neither party05/24/2012
Frommert v. Conkrightamicus, supporting appellants and requesting reversal05/11/2012
Barboza v. California Association of Firefightersamicus, in support of the plaintiff-appellant02/07/2012
In Re: Lehman Brothers Erisa Litigationamicus, in support of plaintiffs-appellants requesting reversal01/11/2012
In Re: Beacon Securities Litigationamicus, in support of plaintiffs' motion for class certification01/09/2012
David v. Alphinamicus, in support of plaintiffs-appellants urging reversal12/28/2011
George v. Junior Achievement of Central Indiana, Inc.amicus, in support of plaintiff-appellant12/16/2011
In Re: Citigroup Erisa Litigationamicus, in support of appellants' petition for panel rehearing12/06/2011
Schultz v. Avialamicus, in support of plaintiffs-appellants' petition for hearing en banc11/18/2011
United Airlines, Inc. v. Air Line Pilots Association, Internationalamicus, in support of plaintiffs-appellees10/03/2011
Santomenno v. John Hancock Life Insurance Companyamicus, in support of appellants and requesting reversal09/30/2011
Debbie McCravy v. Metropolitan Life Insurance Companyamicus, supplemental, supporting plaintiff-appellant on panel rehearing09/28/2011
Amara v. Cigna Corporationamicus09/22/2011
Donne v. Hardtamicus, in response to court order07/19/2011
Fisch v. Suntrust Banks, Inc.amicus, in support of the plaintiffs-appellees08/12/2011
Fisch v. Suntrust Banks, Inc.amicus, in support of the plaintiffs-appellants07/15/2011
Dudenhoeffer v. Fifth Third Bancorpamicus, in support of appellants07/14/2011
Griffin v. Flagstar Bankorp, Inc.amicus, in support of plaintiffs-appellants and requesting reversal06/30/2011
Kenseth v. Dean Health Plans, Inc.amicus, in support of reversal06/13/2011
Debbie McCravy v. Metropolitan Life Insurance Companyamicus, in support of petition for rehearing or rehearing en banc05/31/2011
Tibble v. Edison Internationalamicus, in support of plaintiffs-appellants05/25/2011
Taylor v. KeyCorpamicus, supporting plaintiff-cross-appellee05/20/2011
Fossen v. Blue Cross and Blue Shield of Montana, Inc.amicus, in support of plaintiffs-appellants02/18/2011
Faber v. Metropolitan Life Ins. Co.amicus, letter in response to the court's invitation02/17/2011
Secretary of Labor v. Holloway and Doyleon appeal from the United States District Court for the District of New Jersey02/16/2011
Pfeil v. State Street Bank and Trust Companyamicus, in support of plaintiffs-appellants and requesting reversal02/15/2011
Secretary of Labor v. Holloway and Doylereply02/04/2011
Taylor v. KeyCorpamicus, supporting plaintiff-appellant01/12/2011
Sherfel v. Gassmanamicus, in support of defendant's memorandum on opposition to plaintiffs' request for injunctive and declaratory relief12/07/2010
Allen v. Wachovia Corp.amicus, supporting plaintiffs-appellants11/24/2010
Kenseth v. Dean Health Plans, Inc.amicus11/22/2010
Lanfear v. Home Depot, Inc.amicus, in support of the plaintiff-appellant11/22/2010
McLemore v. Regions Bankamicus, supporting appellants11/19/2010
Sewright v. ING Groep, N.V.amicus, in support of the plaintiffs-appellants11/18/2010
Quan v. Computer Sciences Corp.amicus, in support of petition for en banc rehearing11/01/2010
In Re: J.P. Jeanneret Associates, Inc.amicus, in support of plaintiffs' memorandum in opposition to defendants' motions to dismiss claims10/18/2010
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 Maryland10/18/2010
In Re: Beacon Securities Litigationamicus, in support of plaintiffs' memoranda in opposition to defendants' motions to dismiss claims10/01/2010
Renfro v. Unisysamicus, in support of plaintiffs-appellants and requesting reversal09/16/2010
Boyd v. Metropolitan Life Insurance Companyamicus, supporting defendant-appellee09/14/2010
Fish v. Greatbanc Trust Corp.amicus, in support of plaintiffs' opposition to defendants' joint motion for summary judgment06/25/2010
Barboza v. California Association of Firefightersamicus, in support of the plaintiff-appellant06/15/2010
Gearren v. McGraw-Hill Companies, Inc.amicus, in support of appellants requesting reversal06/04/2010
Lingis v. Motorola, Inc.amicus, in support of plaintiffs-appellants05/14/2010
Solis v. Malkanion appeal from the U.S. District Court for the District of Maryland05/03/2010
Debbie McCravy v. Metropolitan Life Insurance Companyamicus, supporting plaintiff-appellant04/28/2010
Tullis v. UMB Bankamicus, in support of plaintiffs-appellants04/15/2010
Loomis v. Exelon Corporationamicus, in support of plaintiff-appellants02/10/2010
Matschiner v. Hartford Life And Accident Insurance Companyamicus, supporting defendant-appellant and requesting reversal02/03/2010
In Re: Citigroup Erisa Litigationamicus, in support of appellant requesting reversal12/28/2009
Kanawi v. Bechtel Corporationamicus, in support of plaintiffs12/28/2009
Celentano v. Burnesamicus, in support of defendant's motion to dismiss12/18/2009
Nauman v. Abbott Laboratories, and Hospira, Inc.amicus, in support of plaintiffs12/17/2009
Beesley v. International Paper Companyamicus, in support of plaintiffs-appellees urging affirmance12/14/2009
McCullough v. Aegon USA, Inc.amicus, in support of appellant's petition for rehearing en banc12/01/2009
Edwards v. A. H. Cornell and Son, Inc.amicus, in support of appellant for reversal11/23/2009
Daniels-Hall v. National Education Associationamicus, in support of defendants09/04/2009
Nicolas v. MCI Health And Welfare Planamicus, in support of plaintiff-appellee-cross-appellant08/31/2009
Pharmaceutical Care Management Association v. District of Columbiaamicus, in support of appellants08/21/2009
Midgett v. Washington Group International Long Term Disability Planamicus, in support of appellants05/29/2009
Wendel v. Herzlingeramicus, in support of plaintiff-appellee and requesting affirmance05/26/2009
Cook v. Campbellamicus, in support of appellants04/21/2009
US Securities and Exchange Commission v. AA Capital Partners, Inc.amicus, in opposition to the General Partners' motion for attorneys fees04/03/2009
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 issues02/19/2009
Hecker v. Deereamicus, in support of panel rehearing02/17/2009
Braden v. Wal-Mart Stores, Inc.amicus, supporting plaintiff-appellant and requesting reversal02/13/2009
Johnson v. Couturieramicus, supporting appellees and requesting affirmance01/30/2009
Rahm v. Halpinamicus, supporting debtor-defendant-appellee01/16/2009
Cyr v. Reliance Standard Life Insurance Companyamicus, supporting appellee's petition for hearing en banc11/10/2008
Johnson v. Couturieramicus, in support of motion for preliminary injunction09/24/2008
Sowers, et al v. FreightCar Americaamicus, supporting plaintiffs-appellees06/06/2008
Young v. General Motors Investment Management Corp.amicus, supporting plaintiffs-appellants07/03/2008
Chao v. Meixnerpetition on appeal from the U.S. District Court for the Northern District of Georgia07/11/2008
Chao v. Plan Benefit Services, Inc.memorandum in further support of plaintiff's motion for summary judgment05/12/2008
McLemore v. Regions Bankamicus, in support of plaintiff05/05/2008
Hecker v. Deereamicus, in support of plaintiffs-appellants, amended04/02/2008
Golden Gate Restaurant Association v. City and County of San Franciscoamicus, supporting appellee and requesting affirmance02/27/2008
Grabek v. Northrop Grumman Corp.amicus, supporting plaintiffs-appellants02/05/2008
Chao v. Plan Benefit Services, Inc.memorandum in support of plaintiff's motion for summary judgment02/03/2008
Lively v. Dynergyamicus, in support of plaintiffs-appellees10/10/2007
Evans v. Akersamicus, in support of plaintiffs-appellants and requesting reversal08/08/2007
Pfahler v. National Latex Products Co.amicus, in support of plaintiffs-appellants02/21/2007
Tullis v. UMB Bankamicus, supporting appellants and requesting reversal02/06/2007
Chao v. Community Trust Co.secretary’s petition for panel rehearing and rehearing en banc02/05/2007
Harzewski v. Guidant Corp.amicus, supporting plaintiffs-appellants and requesting reversal12/28/2006
Rogers v. Baxter International, Inc.amicus, supporting plaintiffs-appellees12/08/2006
In Re: Calpine Corporationamicus, supporting appellants and requesting reversal11/15/2006
Retail Industry Leaders Association v. Fielderamicus, supporting plaintiff-appellee and requesting affirmance11/06/2006
Howell v. Motorola, Inc.amicus, supporting plaintiffs-appellants11/01/2006
Bridges v. American Electric Power Company, Inc.amicus, supporting plaintiff-appellant and requesting reversal10/19/2006
Graden v. Conexant Systems, Inc.amicus, supporting plaintiff-appellant and requesting reversal09/01/2006
Kirschbaum v. Reliant Energy, Inc.amicus, in support of plaintiffs-appellants08/16/2006
Dickerson v. Feldmanamicus, supporting plaintiff-appellant07/18/2006
Woods v. Southern Companyamicus, in support of the appellant and requesting reversal07/14/2006
LaRue v. DeWolff, Boberg and Assoc., Inc.amicus, in support of petition for rehearing and rehearing en banc07/12/2006
Holtzscher v Dynegy, Inc.amicus, in support of plaintiffs-appellants requesting reversal06/28/2006
Vaughn v. Bay Environmental Management, Inc.amicus, supporting plaintiffs-appellants06/07/2006
Green v. ExxonMobil Corp.amicus, in support of appellants and requesting reversal05/25/2006
Beck v. Pace International Unionamicus, in support of petition for rehearing12/15/2005
Armstrong v. LaSalle Bank National Associationamicus12/01/2005
Martin M. Coyne v. Bayer Corporation and Sterling Drug, Inc.amicus, in support of appellant requesting reversal10/18/2005
Chao v. Dayon appeal from the U.S. District Court for the District of Columbia09/30/2005
Chao v. Community Trust Co.on appeal from the U.S. District Court for the Eastern District of Pennsylvania09/27/2005
BlueCross BlueShield of South Carolina v. Carilloamicus, in support of appellant requesting reversal09/14/2005
Chao v. Koreskoon appeal from the U.S. District Court for the Eastern District of Pennsylvania09/02/2005
Milofsky v. American Airlines, Inc.amicus, in support of plaintiffs-appellants08/11/2005
Pereira v. Faraceamicus, supporting appellant's petition for panel and en banc rehearing07/25/2005
Goeres v. Charles Schwab and Co.amicus, in support of the appellant and requesting reversal07/11/2005
In Re: Merrimac Paper Companyamicus, supporting appellant for reversal05/11/2005
Bickley v. Caremark, Inc.amicus, in support of appellant requesting reversal05/05/2005
Langbecker v. EDSamicus, in support of plaintiffs-appellees requesting affirmance04/26/2005
Milofsky v. American Airlines, Inc.amicus, supporting plaintiff's-appellant's petition for rehearing en banc04/11/2005
Coan v. Kaufmanamicus02/25/2005
In Re: UAL Corporationamicus, letter response12/17/2004
In Re: Schering-Plough Corporation ERISA Litigationamicus, supporting plaintiffs-appellants and requesting reversal10/20/2004
Midatlantic v. Sereboffamicus, in support of plaintiff-appellee07/08/2004
Glanton v. AdvancePCS Healthamicus, in support of appellant and requesting reversal07/01/2004
Agway v. Magnusonamicus, in opposition to motions to dismiss06/18/2004
QualChoice v. Rowlandamicus, in support of plaintiff-appellant's petition for en banc rehearing06/17/2004
Tatum v. R. J. Reynolds Tobacco Co.amicus, in support of appellant and reversal of the District Court's decision05/07/2004
U.S. Department of Labor v. Graysonon appeal from and order of the U.S. Bankruptcy Court for the District of Oregon04/16/2004
Nicolaou v. Horizon Mediaamicus, in support of appellant for reversal02/12/2004
Milofsky v. American Airlines, Inc.amicus, supporting plaintiffs-appellants and requesting reversal02/27/2004
In Re: WorldComamicus, in opposition to motions to dismiss01/16/2004
Millsap v. McDonnell-Douglasamicus, in support of plaintiffs-appellees urging affirmance10/09/2003
Bombardier v. Ferreramicus, in support of appellee requesting affirmance09/11/2003
Callery v. United States Life Ins. Co.amicus, in support of appellant and reversal of the District Court's decision08/20/2003
In Re: Williams Companyamicus, supporting plaintiff's motion for reconsideration08/20/2003
Arana v. Ochsner Health Plan, Inc.amicus04/10/2003
Gerosa v. Savastaamicus, supporting reversal11/01/2002
Stern v. IBMamicus, in support of appellant for reversal10/15/2002
Sardagna v. Glaziers Pension Trustamicus, in support of plaintiff-appellee-cross-appellant10/15/2002
Mario v. P&C Food Marketsamicus, in support of appellee09/10/2002
Tittle v. Enronamicus, opposing the motions to dismiss08/30/2002
Harley v. Minnesota Mining and Mfg. Co.amicus, in support of appellant's petition for panel rehearing and rehearing en banc05/22/2002
Keen v. Weaveramicus, supporting petitioner02/13/2002
Ostler v. OCE-USA, Inc.amicus, in support of the appellant02/08/2002
In the matter of the Estate of David A. Egelhoffamicus, in opposition to the respondent's motion for further determination06/26/2001
Benefits Committee v. Key Trustamicus, in support of defendant-appellee06/22/2001
Harley v. Minnesota Mining and Mfg. Co.amicus, in support of appellants and reversal06/12/2000