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ERIC
Judiciary

THE ERISA COMMITTEE

<nobr>Feb 28, 2003</nobr>

ERIC Supports Black & Decker in Supreme Court Disability Determination Case

ERIC filed an amicus brief on February 24 with the Supreme Court supporting Black & Decker in a disability determination case. In July, ERIC filed an amicus brief in support of a petition urging the court to review a decision for the plaintiff filed by the Delta Family-Care and Disability Plan Delta v. Regula amicus brief. The brief seeks review of a similar Ninth Circuit decision holding that a plan administrator's failure to follow the opinion of a claimant's "treating physician" was a conflict of interest and an abuse of discretion.

The Supreme Court did not act on Delta's petition, but granted certiorari in a Black & Decker case presenting the same issue.


Text Files:

Black & Decker v. Nord amicus brief.

Delta v. Regula amicus brief.


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