Amicus Briefs - American Benefits Council

Publications and Resources

Amicus Briefs

The Council regularly files amicus ("friend of the court") briefs in federal courts, providing the perspective of employer plan sponsors in legal cases where the outcome represents an important precedent and has a significant impact on employee benefits policy. These briefs bring to bear the Council's extensive experience and legal expertise to support arguments preserving the voluntary employer-sponsored benefits system.

For more information on the Council's amicus brief program, contact Lynn Dudley, Senior Vice President, Global Retirement & Compensation Policy, or Katy Johnson, senior counsel, health policy, at (202) 289-6700.

Note: Amicus briefs are also available on the applicable issue pages.

Amicus Brief Archive

Thursday, 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.

Thursday, 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.

Tuesday, 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.

Thursday, June 6, 2024
Chamber of Commerce amicus brief: Chamber of Commerce amicus brief

Thursday, June 6, 2024
Hispanic Leadership Fund amicus brief: Hispanic Leadership Fund amicus brief

Thursday, 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.

Monday, September 11, 2023
Council Amicus Brief before the U.S. 9th Circuit Court of Appeals in Bugielski v. AT&T: On September 11, the Council filed an amicus brief requesting that the Ninth Circuit grant a rehearing en banc in the case of Bugielski v. AT&T, a 401(k) fee case in which a three-judge panel of the Ninth Circuit recently ruled that a prohibited transaction occurs any time that a plan sponsor amends a contract with a service provider.

Wednesday, July 19, 2023
Council Amicus Brief in TMA v. Tri-Agencies Before the U.S. 5th Circuit Court of Appeals: On July 19, the American Benefits Council filed an amicus ("friend of the court ") brief in support of final regulations issued by the U.S. departments of Health and Human Services, Labor and Treasury (the "tri-agencies"), implementing the arbitration process set up under the No Surprises Act (NSA).

Friday, June 30, 2023
Amicus brief Bristol v. Cigna: Council Files Amicus Brief Supporting ERISA Preemption in Bristol SL Holdings, Inc. v. Cigna Health Life Ins. Co.

Tuesday, April 11, 2023
Council Amicus Brief before the 10th Circuit Court of Appeals in PCMA v. Mulready (Not Accepted): The brief emphasized the practical importance of ERISA preemption for employer plan sponsors and how the PRPC Act directly impacts plan design. This was an important effort not only because of the Council's long history of supporting ERISA preemption but also because the Council had heard from several members that, due to the PRPC Act, they were being forced to change plan design including, for example, ceasing to provide mail-order only pharmacy programs with regard to Oklahoma residents.

Friday, March 17, 2023
Council Amicus Brief before the U.S. District Court for the Eastern District of Texas (Tyler Division) in TMA v Tri-Agencies III (Surprise Billing): Council Amicus Brief before the U.S. District Court for the Eastern District of Texas (Tyler Division) in TMA v Tri-Agencies III (Surprise Billing)

Thursday, December 1, 2022
Council Amicus Brief before the U.S. Fifth Circuit Court of Appeals in Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan: Council Amicus Brief before the U.S. Fifth Circuit Court of Appeals in Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan

Wednesday, November 16, 2022
Council Amicus Brief before the U.S. District Court for the Eastern District of Texas (Tyler Division) in TMA v Tri-Agencies (Surprise Billing): Council Amicus Brief before the U.S. District Court for the Eastern District of Texas (Tyler Division) in TMA v Tri-Agencies (Surprise Billing)

Tuesday, November 15, 2022
Council Amicus Brief before the U.S. District Court for the Northern District of Illinois in Luckett, et al v. Wintrust Financial: Council Amicus Brief before the U.S. District Court for the Northern District of Illinois in Luckett, et al v. Wintrust Financial

Monday, November 14, 2022
Council Amicus Brief before the U.S. District Court for the Western District of Wisconsin in Abel, Auld & Pennington v. CMFG Life Insurance Company: Council Amicus Brief before the U.S. District Court for the Western District of Wisconsin in Abel, Auld & Pennington v. CMFG Life Insurance Company

Friday, November 11, 2022
Council Amicus Brief before the U.S. District Court for the District of Connecticut in Kistler & Lang v. Stanley Black & Decker: Council Amicus Brief before the U.S. District Court for the District of Connecticut in Kistler & Lang v. Stanley Black & Decker

Monday, November 7, 2022
Council Amicus Brief before the U.S. District Court for the Northern District of California (San Jose Division) in Bracalente & Gdalevich v. Cisco: Council Amicus Brief before the U.S. District Court for the Northern District of California (San Jose Division) in Bracalente & Gdalevich v. Cisco

Friday, November 4, 2022
Council Amicus Brief before the U.S. District Court for the Western District of Washington (Seattle Division) in Beldock et al v. Microsoft: Council Amicus Brief before the U.S. District Court for the Western District of Washington (Seattle Division) in Beldock et al v. Microsoft

Friday, November 4, 2022
Council Amicus Brief with the 10th Circuit Court of Appeals in Matney/Watts v. Barrick Gold: Council Amicus Brief with the 10th Circuit Court of Appeals in Matney/Watts v. Barrick Gold

Monday, October 24, 2022
Council Amicus Brief before the U.S. District Court for the Eastern District of Virginia (Alexandria Division) in Hall et al v. Capital One Financial: Council Amicus Brief before the U.S. District Court for the Eastern District of Virginia (Alexandria Division) in Hall et al v. Capital One Financial

Monday, October 24, 2022
Council Amicus Brief before the U.S. District Court for the Eastern District of Virginia (Alexandria Division) in Trauernicht et al v. Genworth: Council Amicus Brief before the U.S. District Court for the Eastern District of Virginia (Alexandria Division) in Trauernicht et al v. Genworth

Monday, October 17, 2022
Council Amicus Brief before the U.S. District Court for the Eastern District of Virginia (Alexandria Division) in Tullgren v. Booz Allen Hamilton: Council Amicus Brief before the U.S. District Court for the Eastern District of Virginia (Alexandria Division) in Tullgren v. Booz Allen Hamilton

Friday, March 11, 2022
Council Amicus Brief with U.S. 2nd Circuit Court of Appeals in Cedeno v. Argent Trust Co. et al.: In an amicus brief filed with the U.S. Court of Appeals for the 2nd Circuit on March 11, the American Benefits Council urged the appellate court to reverse a district court judgement that would make it more difficult for plan sponsors to enforce mandatory arbitration provisions in retirement plans.

Wednesday, February 23, 2022
DOL Amicus Brief in U.S. 10th Circuit Court of Appeals Regarding D.K. v. United Behavioral Health et al.: DOL Amicus Brief in U.S. 10th Circuit Court of Appeals Regarding D.K. v. United Behavioral Health et al.

Friday, February 18, 2022
Council Amicus Brief with 9th Circuit Court of Appeals in ERIC v. Seattle: The American Benefits Council emphasized the critical importance of ERISA preemption in an amicus ("friend of the court") brief with the U.S. Supreme Court on February 18, recommending that the high court consider a case arising from the 9th Circuit Court of Appeals.

Monday, January 31, 2022
Council Amicus Brief before the D.C. District Court in AMA v. HHS: Council Amicus Brief before the D.C. District Court in AMA v. HHS

Tuesday, January 25, 2022
Council Amicus Brief before the D.C. District Court in Association of Air Medical Services v. HHS: Council Amicus Brief before the D.C. District Court in Association of Air Medical Services v. HHS

Tuesday, January 18, 2022
Council et al Amicus Brief before the Eastern District of Texas in TMA v. Tri-Agencies: In a January 18 amicus ("friend of the court") brief filed in federal court, the American Benefits Council and more than a dozen other business and organized labor organizations explained how the Biden administration's September 30 interim final rule governing "surprise" medical billing is clear, consistent with the underlying law and "essential to meeting Congress's goal of lower health care costs for employees and their families."

Friday, October 29, 2021
American Benefits Council Amicus Brief in Hughes v. Northwestern University (U.S. Supreme Court): American Benefits Council Amicus Brief in Hughes v. Northwestern University (U.S. Supreme Court)

Thursday, September 16, 2021
American Benefits Council and the Chamber of Commerce Amicus Brief in Rozo v. Principal Life Insurance Company (U.S. 8th Circuit Court of Appeals): In recent years there has been an explosion of fiduciary duty claims against sponsors of defined contribution benefit plans and service providers to those plans under the Employee Retirement Income Security Act of 1974 ("ERISA"). Because plaintiffs often recycle generic allegations, they face few obstacles in filing a complaint. At the same time, if the case survives a motion to dismiss, the costs of discovery fall overwhelmingly on defendants. The plaintiffs' bar has taken advantage of this asymmetry by filing hundreds of lawsuits, bringing serial claims against defendants.

Wednesday, August 4, 2021
American Benefits Council Amicus Brief in Cunningham v. Cornell (U.S. Court of Appeals for the 2nd Circuit): The American Benefits Council filed an amicus ("friend of the court") brief in the U.S. Court of Appeals for the 2nd Circuit on July 3 in support of the defendants in another case of a university employer's 403(b) plan facing allegations of excessive fees and imprudent investments under ERISA's fiduciary standard.

Wednesday, July 21, 2021
American Benefits Council Amicus Brief in Haley v. TIAA (U.S. Second Circuit Court of Appeals): With the U.S. Court of Appeals for the 7th Circuit set to hear an appeal in litigation against a retirement plan service provider, the Council has weighed in with an amicus ("friend of the court") brief warning the court about the far-reaching negative implications of an overly expansive class certification. As the brief states, "A single individual cannot adequately represent thousands of employee retirement plans to which she has no connection, to pursue a liability theory that ordinarily requires proof that each plan's fiduciaries breached their obligations by engaging in unlawful transactions, without those fiduciaries' participation."

Tuesday, May 11, 2021
American Benefits Council Amicus Brief in ERIC v. Seattle: This is a case of exceptional importance for amici and their members, who are at the forefront of the employer-sponsored health coverage system and who offer many millions of American workers employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), including comprehensive health coverage. As most specific to this case, the Seattle ordinance at issue, Seattle Municipal Code 14.28 (the "Seattle Ordinance"), will directly impact a significant number of Council, Business Group, HRPA, SVEF, and SHRM members. More generally, amici's interest is significantly amplified because the ERISA preemption issues before the Court are of the utmost importance, as the regulatory uniformity provided by ERISA's sweeping preemption provision ensures that multi-state and national employers offering their employees ERISA-covered benefits can do so efficiently.

Thursday, December 17, 2020
Council Amicus Brief with Seventh Circuit Court of Appeals in Haley v. TIAA: As ERISA class actions go, this one is unusual in several respects that make it worthy of this Court's immediate attention. The plaintiff, a single individual participant in a single 403(b) retirement plan, alleges that her plan's fiduciaries violated their duties by enlisting the plan in TIAA's participant loan program. But the plaintiff did not sue the fiduciaries who made that choice; instead, she seeks to hold TIAA liable as a nonfiduciary for knowingly participating in a prohibited transaction. She convinced the district court to certify a class of every other retirement plan in the country similarly using these TIAA services.

Wednesday, November 4, 2020
Council Amicus Brief with Seventh Circuit Court of Appeals in Smith v. GreatBanc/Triad: Council Amicus Brief with Seventh Circuit Court of Appeals in Smith v. GreatBanc/Triad

Friday, October 9, 2020
Council Amicus Brief with Ninth Circuit Court of Appeals in Bafford v. Northrop Grumman: Council Amicus Brief with Ninth Circuit Court of Appeals in Bafford v. Northrop Grumman

Friday, September 11, 2020
Council Amicus Brief with the 10th Circuit Court of Appeals in Lyn v. Premera: The American Benefits Council filed an amicus ("friend of the court") brief on September 11, asking the full U.S. Court of Appeals for the Tenth Circuit to review of a decision by a subset of Tenth Circuit judges (i.e., requesting "en banc review"), in an ERISA claims denial case. The Council's brief was filed in support of Premera Blue Cross, the claims administrator for the Microsoft Corporation Welfare plan.

Monday, August 17, 2020
Council Amicus Brief before the U.S. Court of Appeals for the Second Circuit on Petition for a Writ of Certiorari in PriceWaterhouse Coopers (PwC) v. Laurent trial: Council Amicus Brief before U.S. United States Court of Appeals for the Second Circuit Requesting Certiorari in PriceWaterhouse Coopers (PwC) v. Laurent trial

Monday, June 29, 2020
Council Amicus Brief before the U.S. District Court for Southern District of Florida in Bryant v. Walmart: On June 29, the American Benefits Council filed an amicus ("friend of the court") brief with a U.S. district court in Bryant v. Walmart, a COBRA putative class action case, in support of Walmart. The Council's brief states that providing contact information for the COBRA administrator in the COBRA election notice is not only consistent with the applicable law and regulations, but it also ensures that COBRA qualified beneficiaries have access to those with COBRA expertise. The brief emphasizes the complexity of COBRA and asserts that, as such, many employers use third-party COBRA administrators, which benefits participants and plans. The brief also notes that a ruling in favor of Walmart would help stem the tide of meritless litigation regarding COBRA notices and that non-meritorious employee benefits litigation hurts participants and plans.

Monday, June 1, 2020
Council Amicus Brief before the Second Circuit Court of Appeals in Jander v. IBM: The American Benefits Council joined with three fellow industry groups in filing an amicus ("friend of the court") brief with the U.S. Second Circuit Court of Appeals on June 1, urging the court to affirm the district court judgment in favor of the defendant in Jander v. Retirement Plans Committee of IBM, a prototypical "stock drop" case.

Wednesday, April 1, 2020
Council Amicus Brief before the U.S. Supreme Court in PCMA v. Arkansas: The American Benefits Council offered a forceful defense of ERISA preemption in an April 1 amicus ("friend of the court") brief filed with the U.S. Supreme Court in the case of Rutledge v. Pharmaceutical Care Management Association, which has significant implications for the applicability of state law to employer-sponsored benefit plans. The Council brief was filed jointly with the U.S. Chamber of Commerce.

Thursday, January 23, 2020
Council Amicus Brief before the U.S. Court of Appeals for the Third Circuit on Petition for a Writ of Certiorari in University of Pennsylvania v. Sweda: American Benefits Council amicus brief supporting petitioners request for a writ of certiorari to the United States Court of Appeals for the Third Circuit in University of Pennsylvania v. Sweda. This amicus brief was filed on January 17, 2020 with the U.S. Chamber of Commerce.

Wednesday, November 20, 2019
Council Amicus Brief Supporting Respondents James J. Thole et al. v. U.S. Bank on Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit (November 20, 2019): Council Amicus Brief Supporting Respondents James J. Thole et al. v. U.S. Bank on Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit (November 20, 2019)

Tuesday, September 17, 2019
Council Amicus Brief Louisiana Health Service & Indemnity Company, doing business as Blue Cross Blue Shield of Louisiana Fifth Circuit Court Decision v. Encompass Office Solutions, Inc. (September 13, 2019): Council Amicus Brief Louisiana Health Service & Indemnity Company, doing business as Blue Cross Blue Shield of Louisiana v. Encompass Office Solutions, Inc., Requesting Certiorari (September 13, 2019)

Thursday, August 29, 2019
Council Amicus Brief on Merits in Intel v. Sulyma Corporation Investment Committee filed on August 28, 2019: Council Amicus Brief on Merits in Intel v. Sulyma Corporation Investment Committee filed on August 28, 2019

Friday, August 16, 2019
U.S. Solicitor General's Brief on Writ of Certiorari to the U.S. Court of Appeals for the Second Circuit 08132019: U.S. Solicitor General's August 13 Amicus Brief on Writ of Certiorari to the U.S. Court of Appeals for the Second Circuit

Tuesday, August 13, 2019
Council Amicus brief in Jander v. Retirement Plans Committee of IBM on writ of certiorari, U.S. Court of Appeals for the Second Circuit 08132019: Amicus Brief Jander v. Retirement Plans Committee of IBM, et al. On Writ of Certiorari to the U.S. Court of Appeals for the Second Circuit

Friday, June 7, 2019
Council Amicus Brief in Sweda et al. v. the University of Pennsylvania, Third Circuit Court of Appeals, Request for Rehearing: Council Amicus Brief in Sweda et al. v. the University of Pennsylvania, Third Circuit Court of Appeals, Request for Rehearing

Tuesday, April 9, 2019
Council Amicus Brief filed with the U.S. Court of Appeals for the Eighth Circuit in Rozo v. Principal Life Insurance Company: Council Amicus Brief filed with the U.S. Court of Appeals for the Eighth Circuit in Rozo v. Principal Life Insurance Company

Monday, April 8, 2019
Council Amicus Brief filed with the U.S. Supreme Court Supporting Certiorari in Jander v. Retirement Plans Committee of IBM: Council Amicus Brief filed with the U.S. Supreme Court Supporting Certiorari in Jander v. Retirement Plans Committee of IBM

Thursday, March 28, 2019
Council Amicus Brief in Sulyma vs. Intel Corp. Investment Policy Committee: Council Amicus Brief in Sulyma vs. Intel Corp. Investment Policy Committee

Thursday, March 21, 2019
Council Amicus Brief in Divane et a.l v. Northwestern University et al.: Council Amicus Brief in Divane et al. v. Northwestern University et al.

Friday, February 15, 2019
Council Amicus Brief in Putnam v. Brotherston: Council Amicus Brief in Putnam v. Brotherston

Wednesday, January 30, 2019
Council Amicus Brief before the U.S. Fifth Circuit Court of Appeals in Dialysis Newco v. Community Health Systems Group Health Plan: The Council joined with the ERISA Industry Committee to file an amicus brief with the Fifth Circuit, arguing that ERISA's preemption framework is comprehensive and its preemption of the Tennessee statute advances the interests of both plans and participants. The brief also explains that the precedent invoked by the district court (Louisiana Health Service & Indemnity Co. v. Rapides HealthcareSystem) is inapplicable in this case, since Rapides depended on an outdated presumption against ERISA preemption, which has since been superseded by the U.S. Supreme Court's decision in Gobeille v.Liberty Mutual Insurance Company (see the March 1, 2016, Benefits Byte).

Friday, November 16, 2018
American Benefits Council Amicus Brief in Francesca Allen et al. v. Wells Fargo (U.S. Eighth Circuit Court of Appeals): American Benefits Council Amicus Brief in Francesca Allen et al. v. Wells Fargo (U.S. Eighth Circuit Court of Appeals)

Wednesday, November 14, 2018
American Benefits Council Amicus Brief in Laurent et al. v. PricewaterhouseCoopers (PwC) (U.S. Second Circuit Court of Appeals): American Benefits Council Amicus Brief in Laurent et al. v. PricewaterhouseCoopers (PwC) (U.S. Second Circuit Court of Appeals)

Tuesday, July 17, 2018
Council Amicus Brief with U.S. 10th Circuit Court of Appeals in Teets v. Great-West: In a July 17 amicus ("friend of the court") brief filed with the U.S. 10th Circuit Court of Appeals, the Council argued that stable value funds are important investment vehicles for retirement plans and financial institutions should not be penalized under ERISA for providing them as part of an investment menu.

Thursday, April 12, 2018
Amicus Brief Sweda v. Upenn: Amicus Brief Sweda v. Upenn

Thursday, February 15, 2018
Council Amicus Brief with Ninth Circuit Court of Appeals in White v. Chevron Corporation: Council Amicus Brief with Ninth Circuit Court of Appeals in White v. Chevron Corporation

Wednesday, January 17, 2018
Council Amicus Brief in Brothertson v. Putnam: Council Amicus Brief in Brotherston v. Putnam

Friday, January 12, 2018
Council Amicus Brief in Zino v. Whirlpool Corporation: Council Amicus Brief in Zino v. Whirlpool Corporation

Monday, December 11, 2017
American Benefits Council Amicus Brief in Osberg v. Foot Locker, Inc. (U.S. Second Circuit Court of Appeals): American Benefits Council Amicus Brief in Osberg v. Foot Locker, Inc. (U.S. Second Circuit Court of Appeals)

Monday, November 13, 2017
American Benefits Council Amicus Brief in Ellis et al. v. Fidelity Management Trust Company (U.S. First Circuit Court of Appeals): In an amicus ("friend of the court") brief filed with the U.S. Court of Appeals for the First Circuit in the case of Ellis et al. v. Fidelity Management Trust Company on November 13, the Council asserted that a plan sponsor's fiduciary duty should be assessed in terms of process rather than hindsight results.

Monday, November 6, 2017
Joint Amicus Brief in CNH Industrial N.V. v. Reese (11/6/2017): The U.S. Chamber of Commerce, the National Association of Manufacturers, American Benefits Council, and the Business Roundtable submitted an amicus brief in support of petitioners in CNH Industrial N.V. v. Reese on November 6, 2017.

Monday, October 30, 2017
Amicus Brief in Meiners v. Wells Fargo & Company filed by Council and others: The Council, thee ERISA Industry Committee (ERIC), and the U.S. Chamber of Commerce have filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in Meiners v. Wells Fargo & Company, et al in support of the District Court's ruling that dismissed the allegations against Wells Fargo & Company.

Monday, October 9, 2017
Council Amicus Brief in Barchock v. CVS, First Circuit Court of Appeals: In an amicus ("friend of the court") brief filed with the U.S. Court of Appeals for the First Circuit on October 9, the Council asserted that a plan sponsor's fiduciary duty should be assessed in terms of process rather than ultimate results.

Thursday, May 11, 2017
Council Amicus Brief before U.S. Sixth Circuit Court of Appeals Requesting En Banc Hearing in Reese et al. v. CNH Industrial: In an amicus (friend of the court) brief filed on May 11, the Council urged the U.S. Sixth Circuit Court of Appeals to grant a request for rehearing by a full panel of the court in Reese et al. v. CNH Industrial, a case that has implications for employer-sponsors of retiree health benefit plans.

Friday, February 10, 2017
Council Amicus Brief in Transamerica v. Santomenno, U.S. Ninth Circuit Court of Appeals: In an amicus (“friend of the court”) brief filed with the U.S. Court of Appeals for the Ninth Circuit on February 10, the Council asserted that the district court ruling in a recent 401(k) fee case centered on a misunderstanding of ERISA and would harm service providers, plan sponsors, plans, and plan participants

Tuesday, August 16, 2016
Council Amicus Brief in Tatum v. RJR, Fourth Circuit Court of Appeals: Council Amicus Brief to Fourth Circuit Court of Appeals in Tatum v. RJR

Thursday, June 2, 2016
Council Amicus Brief in EEOC v. Flambeau, U.S. Seventh Circuit Court of Appeals: In an amicus (“friend of the court”) brief filed with the U.S. Court of Appeals for the Seventh Circuit on June 8, the Council voiced strong support for a lower court decision validating an employer’s workplace wellness program.

Wednesday, June 1, 2016
Council Amicus Brief in Transamerica v. Santomenno, U.S. Ninth Circuit Court of Appeals: Council Amicus Brief to Ninth Circuit in Transamerica v. Santomenno

Wednesday, February 24, 2016
Council Amicus Brief in Osberg v. Foot Locker, U.S. Second Circuit Court of Appeals: In an amicus (“friend of the court”) brief filed with the U.S. Court of Appeals for the Second Circuit on February 24, the Council urged the reversal of a district court decision that granted relief to retirement plan participants in a cash balance plan conversion case.

Wednesday, October 28, 2015
Council Amicus Brief with U.S. Fifth Circuit Court of Appeals in HCSC vs. Methodist Hospital System: The Council has submitted an amicus (“friend of the court”) brief in the Fifth Circuit Court of Appeals in Health Care Services Corp. v. Methodist Hospitals of Dallas, a case involving whether Texas “prompt pay” requirements apply to self-insured employers, and if so, whether they are preempted under ERISA. This case has implications for the ability of multi-state self-funded health plans to uniformly administer their plans without having to conform to widely disparate state claims processing requirements.

Tuesday, October 20, 2015
Council Amicus Brief in Gobeille v. Liberty Mutual: Council Amicus Brief in Gobeille v. Liberty Mutual

Tuesday, October 20, 2015
Council Amicus Brief with U.S. Supreme Court in Gobielle v. Liberty Mutual: Council (and others) Amicus Brief with U.S. Supreme Court in Gobielle v. Liberty Mutual

Monday, October 5, 2015
Council Amicus Brief in Amgen v. Harris, U.S. Supreme Court, Petition for Certiorari: Council Amicus Brief in Amgen v. Harris, U.S. Supreme Court, Petition for Cert

Monday, September 28, 2015
Council Amicus Brief in Embarq v. Fulghum, U.S. Supreme Court, Petition for Certiorari: Council Amicus Brief in Embarq v. Fulghum, Petition for Cert, U.S. Supreme Court

Wednesday, September 2, 2015
Council Amicus Brief in Whitley et al v. BP, Fifth Circuit Court of Appeals: Council Amicus Brief in Whitley et al v. BP, Fifth Circuit Court of Appeals

Friday, August 14, 2015
Council Amicus Brief in United Refining Co. v Cottillion, U.S. Supreme Court: Council Amicus Brief before the US Supreme Court in United Refining Co. v Cottillion

Thursday, July 2, 2015
Council, Chamber, ERIC Amicus Brief in Bond v. Marriott Int'l, Inc.: Council, Chamber, ERIC Amicus Brief in Bond v. Marriott Int'l, Inc.

Tuesday, April 21, 2015
Council Amicus Brief with Seventh Circuit Court of Appeals in Pennsylvania Chiropractic Association v. Independence Hospital Indemnity Plan, Inc.: Council Amicus Brief with Seventh Circuit Court of Appeals in Pennsylvania Chiropractic Association v. Independence Hospital Indemnity Plan, Inc.

Thursday, March 26, 2015
Council Amicus Brief In re: American International Group Inc. 2008 Securities Litigation, U.S. Second Circuit Court of Appeals: Council Amicus Brief In re: American International Group Inc. 2008 Securities Litigation, Second Circuit Court of Appeals

Monday, August 25, 2014
Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, U.S. Fourth Circuit Court of Appeals, Requesting En Banc Hearing: Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Requesting En Banc Hearing by Fourth Circuit Court of Appeals

Thursday, July 24, 2014
Council Amicus Brief with U.S. Supreme Court in M&G Polymers v. Tackett, Petition for Cert: Council Amicus Brief in M&G Polymers v. Tackett, Petition for Writ of Certiorari with U.S. Supreme Court

Wednesday, June 18, 2014
Council Amicus Brief in Cottillion v. United Refining, U.S. Third Circuit Court of Appeals: Council Amicus Brief Before U.S. Court of Appeals for the Third Circuit in Cottillion v. United Refining

Friday, March 28, 2014
Council Amicus Brief in Rochow v. Lina, U.S. Sixth Circuit Court of Appeals: Amicus Brief with Sixth Circuit Court of Appeals in Rochow v. Lina

Friday, December 13, 2013
Council Amicus Brief with U.S. Supreme Court in United States v. Quality Foods (Application of FICA to Severance Pay): Council Amicus Brief with U.S. Supreme Court in United States v. Quality Foods (Application of FICA to Severance Pay)

Thursday, August 1, 2013
Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Fourth Circuit Court of Appeals: Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Fourth Circuit Court of Appeals

Friday, June 28, 2013
Council Amicus Brief in Harris v. Amgen, U.S. Ninth Circuit Court of Appeals: Council Amicus Brief in Harris v. Amgen, Ninth Circuit Court of Appeals

Wednesday, February 27, 2013
Council/Employer Amicus Brief with the U.S. Supreme Court in U.S. v. Windsor (Regarding Defense of Marriage Act): Council/Employer Amicus Brief with the U.S. Supreme Court in U.S. v. Windsor (Regarding Defense of Marriage Act)

Wednesday, February 20, 2013
Council Amicus Brief with U.S. Seventh Circuit Court of Appeals in Abbott, et al v. Lockheed Martin Corporation: Council Amicus Brief in Abbott, et al v. Lockheed Martin Corporation, U.S. Seventh Circuit Court of Appeals

Wednesday, November 28, 2012
Council Amicus Brief in First Unum Life Insurance v. Bilyeu, U.S. Supreme Court, Petition for Certiorari: Council/AHIP/ACLI Amicus Brief and Petition for Certiorari with the U.S. Supreme Court

Wednesday, September 5, 2012
Amicus Brief in McCutchen, et al v. U.S. Airways, U.S. Supreme Court: Amicus Brief to the U.S. Supreme Court in McCutchen, et al v. U.S. Airways

Wednesday, September 5, 2012
Council Amicus Brief in U.S. Airways v. McCutchen, U.S. Supreme Court: Council Amicus Brief to U.S. Supreme Court in U.S. Airways v. McCutchen

Thursday, July 26, 2012
Council Amicus Brief in Conkright v. Frommert, U.S. Second Circuit Court of Appeals: Council Amicus Brief before US Court of Appeals for the Second Circuit inConkright v. Frommert

Monday, March 12, 2012
Council Amicus Brief in Sterling Chemicals, Inc., v. Evans, U.S. Fifth Circuit Court of Appeals: Council Amicus Brief in Sterling Chemicals, Inc., v. Evans, U.S. Court of Appeals for the Fifth Circuit

Friday, January 27, 2012
Council Brief to U.S. Supreme Court in NFIB v. Sebelius/Florida v. HHS: Council Brief to U.S. Supreme Court Regarding PPACA Health Care Law

Wednesday, August 17, 2011
Council Amicus Brief in Griffin & Gardner v. Flagstar, et al, U.S. Sixth Circuit Court of Appeal: Council Amicus Brief in Griffin & Gardner v. Flagstar, et al, U.S. Sixth Circuit Court of Appeal

Friday, June 3, 2011
Council amicus brief in Shavers v. Siemens, U.S. Third Circuit Court of Appeals: Council amicus brief in Shavers v. Siemens

Friday, May 13, 2011
Council Amicus Brief in George et al v. Kraft, U.S. Seventh Circuit Court of Appeals: Council Amicus Brief in George et al v. Kraft, Seventh Circuit Court of Appeals

Monday, March 7, 2011
Council Amicus Brief in Raymond M. Pfeil and Michael Kammer v. State Street Bank and Trust Company, U.S. Sixth Circuit Court of Appeals: Council amicus brief to the Sixth Circuit in the case of Raymond M. Pfeil and Michael Kammer v. State Street Bank and Trust Company

Friday, March 26, 2010
Council Amicus Brief in Gray v. Citigroup, U.S. Second Circuit Court of Appeals: Council/ERIC Amicus Brief with Second Circuit Appeals Court in Gray v. Citigroup

Monday, September 21, 2009
Council Amicus Brief in Conkright v. Frommert, U.S. Second Circuit Court of Appeals: Council Amicus Brief with United States Court of Appeals for the Second Circuit in Conkright v. Frommert

Thursday, September 10, 2009
Council Amicus Brief in Loughren v. Unum, U.S. First Circuit Court of Appeals: Council Amicus Brief in Loughren v. Unum

Friday, July 10, 2009
Council Amicus Brief in GGRA v San Francisco, U.S. Supreme Court: Council Amicus Brief to U.S. Supreme Court in GGRA v San Francisco

Wednesday, April 15, 2009
Council Amicus Brief in Braden v. Wal-Mart, U.S. Eighth Circuit Court of Appeals: Amicus Brief in Braden v. Wal-Mart

Friday, October 31, 2008
Council Amicus Brief in GGRA v. City and County of San Francisco: Council Amicus Brief in GGRA v. City and County of San Francisco

Friday, July 25, 2008
Council Amicus Brief in Young et al v. General Motors Investment Management Corp., Second Circuit Court of Appeals: Council Amicus Brief in Young et al v. General Motors Investment Management Corp., Second Circuit Court of Appeals

Wednesday, July 16, 2008
Council amicus brief in McCullough v. Aegon: Council amicus brief in McCullough v. Aegon

Tuesday, July 15, 2008
Council Amicus Brief in re: Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, et al.: Council Amicus Brief in re: Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, et al.

Friday, May 30, 2008
Council Amicus Brief with 2nd Circuit U.S. Appeals Court in re Citigroup Pension Plan ERISA Litigation: Council Amicus Brief with 2nd Circuit U.S. Appeals Court in re Citigroup Pension Plan ERISA Litigation

Friday, May 9, 2008
Council Amicus Brief in Hecker et al v. Deere & Company/Fidelity: Council Amicus Brief in Hecker et al v. Deere & Company/Fidelity

Tuesday, May 6, 2008
Council Amicus Brief in Noe v. PolyOne Corporation: Council Amicus Brief in Noe v. PolyOne Corporation

Friday, March 28, 2008
Council Amicus Brief in Golden Gate Restaurant Association v. City and County of San Francisco: Council Amicus Brief in Golden Gate Restaurant Association v. City and County of San Francisco

Monday, March 3, 2008
Council Amicus Brief in MetLife v. Glenn (On Writ of Certiorari to the U.S. Supreme Court): Council Amicus Brief in MetLife v. Glenn (On Writ of Certiorari to the U.S. Supreme Court)

Wednesday, February 20, 2008
Council Amicus Brief with Fourth Circuit Court of Appeals in Tatum v. R.J. Reynolds: amicus_tatum_v_rjr.pdf

Wednesday, January 23, 2008
Council Amicus Brief and Motion to File in Winnett, et al. v. Caterpillar (Sixth Circuit Court of Appeals): Council Amicus Brief and Motion to File in Winnett, et al. v. Caterpillar (Sixth Circuit Court of Appeals)

Tuesday, May 29, 2007
American Benefits Council Amicus Brief in Hirt v. Equitable (U.S. Second Circuit Court of Appeals): American Benefits Council Amicus Brief in Hirt v. Equitable (U.S. Second Circuit Court of Appeals)

Wednesday, February 14, 2007
Council Amicus Brief in Xerox Corp. Retirement v. Miller, et al.: Council Amicus Brief in Xerox Corp. Retirement v. Miller, et al.

Tuesday, January 16, 2007
Council Amicus Brief in re Citigroup Pension Plan ERISA Litigation: Council Amicus Brief in re Citigroup Pension Plan ERISA Litigation

Tuesday, November 7, 2006
Council Amicus Brief in RILA v. Fielder: Council Amicus Brief in RILA v. Fielder

Tuesday, October 10, 2006
Council Amicus Brief in El Paso Tennessee Pipeline Co, v. Gladys Yolton, et al.: Council Amicus Brief in El Paso Tennessee Pipeline Co, v. Gladys Yolton, et al.

Wednesday, March 1, 2006
Council Amicus Brief with Third Circuit Court of Appeals in AARP v. EEOC: aarp-eeoc_amicus030106.pdf

Friday, February 24, 2006
Council/NAM/AHIP Amicus Brief in Sereboff v. MAMSI: Council/NAM/AHIP Amicus Brief in Sereboff v. MAMSI

Tuesday, October 18, 2005
Council Amicus Brief with Fifth Circuit Court of Appeals in Milofsky v. American Airlines: amicusbrief_milofsky.pdf

Tuesday, February 22, 2005
Council Amicus Brief with U.S. District Court for Eastern District of Pennsylvania in AARP v. EEOC: aarp-v-eeoc_amicus.pdf

Wednesday, November 24, 2004
Council Amicus Brief to Third Circuit in re Schering Plough Corporation ERISA Litigation: filed_abc_amicus_brief.pdf

Tuesday, March 30, 2004
Council Amicus Brief with U.S. District Court for Southern District of New York in Hirt v. Equitable: amicusbrief_hirt_v_equitable.pdf

Friday, December 19, 2003
Council Amicus Brief in Cooper v. IBM (U.S. District Court for the Southern District of Illinois): Council Amicus Brief in Cooper v. IBM (U.S. District Court for the Southern District of Illinois)

Monday, December 1, 2003
Council Amicus Brief with U.S. Supreme Court in Aetna v. Davila / Cigna v. Calad: davila-calad_amicus_brief.pdf

Monday, December 1, 2003
U.S. Amicus Brief before U.S. Supreme Court in Aetna v. Davila/Cigna v. Calad: solicitorgeneralbrief.pdf

Friday, March 21, 2003
Council Amicus Brief with U.S. Supreme Court in General Dynamics v. Cline: 02-1080amicusbrief.pdf

Friday, August 30, 2002
DOL Amicus Brief with U.S. District Court for the Southern District of Texas in Tittle v. Enron: DOL Amicus Brief with U.S. District Court for the Southern District of Texas in Tittle v. Enron

Thursday, August 10, 2000
Council Amicus Brief in Harley et al vs. 3M: Council Amicus Brief in Harley et al vs. 3M

Monday, November 22, 1999
Council Amicus Brief to Third Circuit Court of Appeals in Bellas v. CBS/Westinghouse: bellasbrief.pdf