Amicus Briefs

For more information on the Council's amicus ("friend of the court") brief program, contact Lynn Dudley, senior vice president, global retirement and compensation policy, or Katy Johnson, president, at (202) 289-6700.

March 3, 2025

Council Amicus Brief with U.S. District Court for Western District of Washington in Maneman v. Weyerhaeuser

The American Benefits Council has asked a federal court to dismiss a class-action lawsuit against a defined benefit pension plan sponsor, accused of improperly selecting an annuity for purposes of executing a pension liability transfer.

January 23, 2025

Council Amicus brief with the U.S. District Court for the Southern District of New York in Doherty v. Bristol Myers Squibb

The Council recently filed an amicus brief in Doherty v. Bristol Myers Squibb (BMS) to support typical pension risk transfer practices.

January 9, 2025

Council Amicus Brief with the Sixth Circuit Court of Appeals in Johnson v. Parker-Hannifin

Council Amicus Brief with the Sixth Circuit Court of Appeals in Johnson v. Parker-Hannifin

January 3, 2025

Council Amicus Brief with the U.S. Supreme Court in Cunningham v. Cornell

Council Amicus Brief with the U.S. Supreme Court in Cunningham v. Cornell

December 17, 2024

Council Amicus Brief with the U.S. District Court for the Northern District of Massachusetts in Piercy v. AT&T

In December 2024, the Council filed an amicus brief, in partnership with ERIC and CIEBA, urging the U.S. District Court for the Northern District of Massachusetts to dismiss the pension risk transfer lawsuits brought against AT&T. The brief explains why PRTs are an important feature that encourages employers to offer pension plans, why the plaintiffs' conclusory claims should fail, and wh...

December 12, 2024

Council Amicus Brief with the Second Circuit Court of Appeals in Knight v. International Business Machines Corporation

The American Benefits Council, in partnership with The ERISA Industry Committee and the Chamber of Commerce of the United States of America, filed an amicus brief with the U.S. Second Circuit Court of Appeals in the case of Knight v. International Business Machines Corporation, a case related to statute of limitations.

November 15, 2024

Council Amicus Brief with the U.S. District Court for the Northern District of Illinois (Eastern Division) in Staffing Services Association v. Flanagan

The American Benefits Council filed an amicus ("friend of the court") brief in this case related to ERISA preemption

October 18, 2024

Council Amicus Brief for the 6th Circuit Court of Appeals in Reichert v. Kellogg Company

The American Benefits Council filed an amicus ("friend of the court") brief in this case related to defined benefit plan de-risking.

September 26, 2024

Council Amicus Brief with the Ninth Circuit Court of Appeals in Baleja v. Northrop Grumman

The American Benefits Council, in partnership with the National Association of Manufacturers, filed an amicus brief with the U.S. Ninth Circuit Court of Appeals in the case of Baleja v. Northrop Grumman Space and Mission Systems Corp. Salaried Pension Plan, a case related to pension plan offsets.

June 18, 2024

Amicus Brief in Derek Kramer, v. American Electric Power Service Corporation (U.S. Court of Appeals for the 6th Circuit)

The American Benefits Council has filed an amicus ("friend of the court) brief in support of American Electric Power (AEP) in an Employment Retirement Income Security Act of 1974 (ERISA) case.

May 9, 2024

Council Amicus Brief before the U.S. Supreme Court Requesting Cert in Bugielski v. AT&T

As a part of ongoing efforts to push back on harmful and ill-founded litigation against employee benefit plans, the American Benefits Council is urging the U.S. Supreme Court to review an appellate court decision with sweeping implications for 401(k) retirement plan sponsors. If the decision is allowed to stand, it will be much more difficult for plan sponsors to fend off class action fee cases.

March 18, 2024

Council Amicus Brief with the 2nd Circuit Court of Appeals in Vellali v. Yale

The American Benefits Council filed an amicus ("friend of the court") brief in this case related to an allegation of a retirement plan's fiduciary breach under ERISA.