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<nobr>Sep 20, 2005</nobr>
ERIC: Cooper v IBM Amicus Brief
Sept. 20, 2005: ERIC has completed a preliminary draft outline of our proposed amicus brief in Cooper v. IBM. (Please contact the ERIC office for a copy of the draft.) This will be a joint brief by ERIC and the American Benefits Council. Covington and Burling is representing IBM in this matter. The ERIC-ABC brief will be drafted by Kent Mason of Davis & Harmon.
Of more importance in this brief than in previous briefs will be our motion to the court to accept the brief. As we have noted in our previous memorandum, the Seventh Circuit does not as a matter of course accept amicus briefs and relies on the following criteria:
“whether the brief will assist the judges by presenting ideas, arguments, theories, insights, facts, or data that are not to be found in the parties’ briefs. The criterion is more likely to be satisfied in [1] a case in which a party is inadequately represented; or [2] in which the would-be amicus has a direct interest in another case that may be materially affected by a decision in this case; or [3] in which the amicus has a unique perspective or specific information that can assist the court beyond what the parties can provide.” [Numbers supplied.]
We believe we can satisfy the second and third criteria. It would be helpful and to our advantage if a number of companies would be willing to be listed among those filing the brief in addition to ERIC and ABC. Such listings would make it particularly clear that we satisfy the second criterion. Companies that are in hybrid plan litigation in the Seventh Circuit, or have employees in the Seventh Circuit, as well as companies that would be in any manner affected by the court's decision should consider being listed on the brief.
This will be among the most important amicus briefs ERIC has ever filed. Both the brief and the motion are of critical importance and we appreciate very much your support.
ACTION NEEDED
Please review the attached outline and (1) provide me with written comments on the outline; and, (2) advise whether you would be willing to be listed on the brief. Please respond to the above by September 30. A copy of a draft of the brief will be sent to you for review when it is available.
Thank you again for your consideration and continuing support.
Best regards,
Mark
Mark J. Ugoretz, President
The ERISA Industry Committee
1400 L Street, NW Suite 350
Washington, DC 20005
Tel: 202.789.1400 Fax 202.789.1120
http://www.eric.org
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