Amicus Briefs

Updates

protected content Telemedicine Programs Gaining Popularity with Large Employers

Once only used by a small number of employers, telemedicine programs have become a mainstream employee benefit. Nearly 60% of large employers—those with at least 500 employees—now offer telemedicine programs, up from just 29% in 2015 and 18% in 2014, according to a Mercer survey released Wednesday … More

ERIC Files Amicus Brief in Teladoc, Inc. v. Texas Medical Board

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit in Teladoc, Inc. et al v. Texas Medical Board et al supporting the use of telemedicine… More

protected content Amicus Brief Activity

This page contains filings related to the Teladoc v. Texas Medical Board case… More

ERIC Files Amicus Brief in Geoffrey Osberg v. Foot Locker, Inc.

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Court of Appeals for the Second Circuit in Geoffrey Osberg v. Foot Locker, Inc. et al arguing that the District Court was wrong when it found Foot Locker liable without proof of detrimental reliance and allowed the case to move forward despite tolling of ERISA’s statute of limitations… More

protected content ERIC Jointly Files an Amicus Brief on Alfred Gobeille v. Liberty Mutual Insurance Company

The ERISA Industry Committee (ERIC) jointly filed an amicus brief with the U.S. Supreme Court on Alfred Gobeille v. Liberty Mutual Insurance Company… More

See All Updates

Amicus Briefs

ERIC Files Amicus Brief in Teladoc, Inc. v. Texas Medical Board

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit in Teladoc, Inc. et al v. Texas Medical Board et al supporting the use of telemedicine… More

protected content Amicus Brief Activity

This page contains filings related to the Teladoc v. Texas Medical Board case… More

ERIC Files Amicus Brief in Geoffrey Osberg v. Foot Locker, Inc.

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Court of Appeals for the Second Circuit in Geoffrey Osberg v. Foot Locker, Inc. et al arguing that the District Court was wrong when it found Foot Locker liable without proof of detrimental reliance and allowed the case to move forward despite tolling of ERISA’s statute of limitations… More

protected content ERIC Jointly Files an Amicus Brief on Alfred Gobeille v. Liberty Mutual Insurance Company

The ERISA Industry Committee (ERIC) jointly filed an amicus brief with the U.S. Supreme Court on Alfred Gobeille v. Liberty Mutual Insurance Company… More

protected content ERIC Jointly Files an Amicus Brief on Embarq Corporation v. William Douglas Fulghum

The ERISA Industry Committee (ERIC) jointly filed an amicus brief on the Embarq Corporation v. William Douglas Fulghum case with the U.S. Chamber of Commerce and the American Benefits Council… More

protected content ERIC Amicus Brief Filed in Second Sixth Circuit Post-Tackett Case

ERIC on March 23 filed an amicus brief in the Sixth Circuit in support of Moen Inc. ERIC encouraged the Sixth Circuit to apply ordinary principles of contract interpretation as identified and applied by the U.S. Supreme Court in the Tackett case to decide the Moen case and other cases involving the vesting of retiree health benefits. … More

ERIC Urges Sixth Circuit to Apply “Ordinary Principles of Contract Interpretation” Concerning Vesting of Retiree Health Benefits

The ERISA Industry Committee filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit urging the court to apply “ordinary principles of contract interpretation” involving vesting of retiree health benefits following the U.S. Supreme Court’s ruling in M&G Polymers USA, LLC v. Tackett. … More

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Supreme Court Strikes Down Yard-Man and the 6th Circuit Court’s Stranglehold on Retiree Health Benefits

Today the Supreme Court of the United States in essence overturned the infamous UAW v. Yard-Man, Inc., decision of 1983 (and subsequent offspring), where the U.S. Court of Appeals for the Sixth Circuit found that certain retirees had a vested right to their health benefits in the absence of extrinsic evidence to the contrary in a collective bargaining agreement. … More

ERIC Urges Supreme Court to Uphold Earlier Rulings Affirming ERISA’s Six-Year Statute of Limitations for Alleged Fiduciary Breach Claims

The ERISA Industry Committee (ERIC), the leading trade association dedicated exclusively to the employee benefit and compensation interests of America’s largest companies, today filed with the U.S. Supreme Court an amicus brief in the Tibble v. Edison International case. … More

protected content ERIC Submits Amicus Brief to U.S. Supreme Court in Tibble v. Edison International

ERIC on January 23 filed an amicus brief with the U.S. Supreme Court in the Tibble v. Edison International case, together with the … More

ERIC Urges U.S. Supreme Court to Reverse Sixth Circuit Ruling on Retiree Health Vesting

The ERISA Industry Committee (ERIC) in an amicus brief filed July 24 urged the U.S. Supreme Court to reverse a decision by the U.S. Court of Appeals for the Sixth Circuit holding that a company’s bargained for retiree health benefit was vested based on the Sixth Circuit’s “presumption of vesting” despite the lack of any language in an agreement providing for such. The case is M&G Polymers v. Tackett.… More

ERIC Files Amicus Brief in U.S. Supreme Court on Retiree Health Vesting Case

Please find below a link to an amicus brief filed today with the U.S. Supreme Court by ERIC and ABC in the M & G Polymers v. Tackett case. The brief was prepared jointly by Kirkland & Ellis LLP and Proskauer Rose LLP. … More

ERIC Urges Appeals Court to Overturn District Court’s Misapplication of Fiduciary Deference under ERISA Plan

The ERISA Industry Committee (ERIC) on June 18 filed an amicus brief with the U.S. Court of Appeals for the Third Circuit urging the court to overturn an earlier district court ruling that misapplied judicial precedent regarding the deference owed to a plan administrator’s reasonable interpretation of plan terms under the Employee Retirement Income Security Act (ERISA). The case is Cottillion v. United Refining Company.… More

protected content ERIC Files Amicus Brief in Cottillion v. United Refining Company

ERIC, along with several other trade associations, earlier today filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Cottillion v. United Refining Company. The brief was prepared by Jenner & Block LLP.… More

ERIC Urges Supreme Court to Apply Presumption of Prudence in Plans with Company Stock

The ERISA Industry Committee (ERIC) on February 3 filed (with other trade associations) with the U.S. Supreme Court an amicus brief in the Fifth Third Bancorp v. Dudenhoeffer case, urging the Court to apply the presumption of prudence at the pleading stage of a lawsuit. … More

protected content ERIC Files Amicus Brief in United States v. Quality Stores before U.S. Supreme Court

ERIC on December 13 filed with the U.S. Supreme Court an amicus brief in the United States v. Quality Stores case, which concerns the issue of whether supplemental unemployment benefits (“SUB payments”)… More

ERIC Argues that Court Should Not Rewrite Plan Documents

The ERISA Industry Committee (ERIC), along with the U.S. Chamber of Commerce, on September 6 filed with the U.S. Court of Appeals for the Second Circuit an amicus brief in Osberg v. Foot Locker, Inc. The brief urged the Court to uphold the decision of the district court which dismissed the claims of plaintiffs seeking reformation of the plan and surcharge (effectively money damages) against a plan sponsor regarding the communication of their retirement plan amendment from a traditional defined benefit plan to a cash balance plan. … More

Documents Related to Citigroup ERISA Litigation Amicus Brief

Related Files 2. Defendants' Motion To Dismiss Consolidated Class Action Complaint (Dist Ct) 3. Plaintiffs' Memorandum in… More

ERIC Urges Seventh Circuit to Uphold District Court Dismissal of 401(k) Excessive Fee Case

ERIC on May 9 filed with the U.S. Court of Appeals for the Seventh Circuit an amicus brief urging the court to uphold the dismissal of a… More

ERIC Urges Appeals Court to Affirm Ruling that San Francisco Ordinance is Preempted by ERISA

Washington, D.C. -- ERIC and the National Business Group on Health (NBGH) today jointly urged the Ninth Circuit Court of Appeals to affirm… More

Ninth Circuit Issues Stay in San Franciscos Pay-or-Play Health Ordinance

The Ninth Circuit Court of Appeals January 9 stayed a lower court decision invalidating a San Francisco Pay-or-Play health care ordinance… More

Court Rules That ERISA Preempts San Francisco Employer Health Mandate

A California federal district court December 26 issued a ruling on summary judgment that a San Francisco health ordinance mandating employer… More

More Amicus Briefs

Court Rulings

ERIC Urges Sixth Circuit to Apply “Ordinary Principles of Contract Interpretation” Concerning Vesting of Retiree Health Benefits

The ERISA Industry Committee filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit urging the court to apply “ordinary principles of contract interpretation” involving vesting of retiree health benefits following the U.S. Supreme Court’s ruling in M&G Polymers USA, LLC v. Tackett. … More

protected content

Supreme Court Strikes Down Yard-Man and the 6th Circuit Court’s Stranglehold on Retiree Health Benefits

Today the Supreme Court of the United States in essence overturned the infamous UAW v. Yard-Man, Inc., decision of 1983 (and subsequent offspring), where the U.S. Court of Appeals for the Sixth Circuit found that certain retirees had a vested right to their health benefits in the absence of extrinsic evidence to the contrary in a collective bargaining agreement. … More

ERIC Files Amicus Brief in U.S. Supreme Court on Retiree Health Vesting Case

Please find below a link to an amicus brief filed today with the U.S. Supreme Court by ERIC and ABC in the M & G Polymers v. Tackett case. The brief was prepared jointly by Kirkland & Ellis LLP and Proskauer Rose LLP. … More

protected content ERIC Files Amicus Brief in Cottillion v. United Refining Company

ERIC, along with several other trade associations, earlier today filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Cottillion v. United Refining Company. The brief was prepared by Jenner & Block LLP.… More

ERIC Urges Supreme Court to Confirm that FICA Taxes Do Not Apply to Supplemental Unemployment Benefits

The ERISA Industry Committee (ERIC) on December 13 filed with the U.S. Supreme Court an amicus brief in the United States v. Quality Stores case, urging the Court to uphold an appeals court ruling that supplemental unemployment benefits … More

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ERIC Legal Committee: Recent Cases Involving Class Actions and Deadlines for Suing Over Benefit Claims

Although summer is rapidly coming to a close, the courts have been busy with employee benefits cases. Debra Davis and I wanted to briefly highlight two of these cases for you, which involve what participants can be included in a class action lawsuit and how long participants are given to sue when their claims for benefits are denied.… More

U.S. Supreme Court Rules in Favor of Xerox on Deferential Standard of Review

The United States Supreme Court earlier today (April 21) in Conkright v. Frommert reversed a Second Circuit Court of appeals decision and… More

More Court Rulings

Judicial Documents

ERIC Urges U.S. Supreme Court to Reverse Sixth Circuit Ruling on Retiree Health Vesting

The ERISA Industry Committee (ERIC) in an amicus brief filed July 24 urged the U.S. Supreme Court to reverse a decision by the U.S. Court of Appeals for the Sixth Circuit holding that a company’s bargained for retiree health benefit was vested based on the Sixth Circuit’s “presumption of vesting” despite the lack of any language in an agreement providing for such. The case is M&G Polymers v. Tackett.… More

ERIC Files Amicus Brief in U.S. Supreme Court on Retiree Health Vesting Case

Please find below a link to an amicus brief filed today with the U.S. Supreme Court by ERIC and ABC in the M & G Polymers v. Tackett case. The brief was prepared jointly by Kirkland & Ellis LLP and Proskauer Rose LLP. … More

ERIC Urges Appeals Court to Overturn District Court’s Misapplication of Fiduciary Deference under ERISA Plan

The ERISA Industry Committee (ERIC) on June 18 filed an amicus brief with the U.S. Court of Appeals for the Third Circuit urging the court to overturn an earlier district court ruling that misapplied judicial precedent regarding the deference owed to a plan administrator’s reasonable interpretation of plan terms under the Employee Retirement Income Security Act (ERISA). The case is Cottillion v. United Refining Company.… More

protected content ERIC Files Amicus Brief in Cottillion v. United Refining Company

ERIC, along with several other trade associations, earlier today filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Cottillion v. United Refining Company. The brief was prepared by Jenner & Block LLP.… More

protected content ERIC Files Amicus Brief with Supreme Court in Fifth Third Bancorp v. Dudenhoeffer

ERIC filed (with other trade associations) an amicus brief with the U.S. Supreme Court yesterday in the Fifth Third Bancorp v. Dudenhoeffer case. We urged the Court to apply the presumption of prudence at the pleading stage of a lawsuit. … More

ERIC Urges Supreme Court to Apply Presumption of Prudence in Plans with Company Stock

The ERISA Industry Committee (ERIC) on February 3 filed (with other trade associations) with the U.S. Supreme Court an amicus brief in the Fifth Third Bancorp v. Dudenhoeffer case, urging the Court to apply the presumption of prudence at the pleading stage of a lawsuit. … More

ERIC Urges Supreme Court to Confirm that FICA Taxes Do Not Apply to Supplemental Unemployment Benefits

The ERISA Industry Committee (ERIC) on December 13 filed with the U.S. Supreme Court an amicus brief in the United States v. Quality Stores case, urging the Court to uphold an appeals court ruling that supplemental unemployment benefits … More

protected content

ERIC Legal Committee: Recent Cases Involving Class Actions and Deadlines for Suing Over Benefit Claims

Although summer is rapidly coming to a close, the courts have been busy with employee benefits cases. Debra Davis and I wanted to briefly highlight two of these cases for you, which involve what participants can be included in a class action lawsuit and how long participants are given to sue when their claims for benefits are denied.… More

ERIC Urges Appeals Court to Affirm District Court Ruling Rejecting Class Certification in Alleged Fiduciary Breach Claims

The ERISA Industry Committee (ERIC) on February 20 filed with the U.S. Court of Appeals for the Seventh Circuit an amicus curiae (“friend of the court”) brief, urging the Court to affirm a lower court’s ruling rejecting class certification concerning alleged fiduciary breach claims concerning stable value fund investments in money market funds. The case is Abbott v. Lockheed Martin Corp.… More

U.S. Supreme Court Rules in Favor of Xerox on Deferential Standard of Review

The United States Supreme Court earlier today (April 21) in Conkright v. Frommert reversed a Second Circuit Court of appeals decision and… More

More Judicial Documents

Press Releases

ERIC Files Amicus Brief in Teladoc, Inc. v. Texas Medical Board

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit in Teladoc, Inc. et al v. Texas Medical Board et al supporting the use of telemedicine… More

ERIC Defends Large Employers’ Wellness Programs

The ERISA Industry Committee (ERIC) filed an amicus brief with the U.S. Court of Appeals for the Seventh Circuit in Equal Employment Opportunity Commission (EEOC) v. Flambeau, Inc. arguing that the EEOC does not have regulatory authority over wellness programs… More

ERIC Files Amicus Brief in Geoffrey Osberg v. Foot Locker, Inc.

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Court of Appeals for the Second Circuit in Geoffrey Osberg v. Foot Locker, Inc. et al arguing that the District Court was wrong when it found Foot Locker liable without proof of detrimental reliance and allowed the case to move forward despite tolling of ERISA’s statute of limitations… More

ERIC Urges Sixth Circuit to Apply “Ordinary Principles of Contract Interpretation” Concerning Vesting of Retiree Health Benefits

The ERISA Industry Committee filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit urging the court to apply “ordinary principles of contract interpretation” involving vesting of retiree health benefits following the U.S. Supreme Court’s ruling in M&G Polymers USA, LLC v. Tackett. … More

ERIC Urges Supreme Court to Uphold Earlier Rulings Affirming ERISA’s Six-Year Statute of Limitations for Alleged Fiduciary Breach Claims

The ERISA Industry Committee (ERIC), the leading trade association dedicated exclusively to the employee benefit and compensation interests of America’s largest companies, today filed with the U.S. Supreme Court an amicus brief in the Tibble v. Edison International case. … More

ERIC Urges U.S. Supreme Court to Reverse Sixth Circuit Ruling on Retiree Health Vesting

The ERISA Industry Committee (ERIC) in an amicus brief filed July 24 urged the U.S. Supreme Court to reverse a decision by the U.S. Court of Appeals for the Sixth Circuit holding that a company’s bargained for retiree health benefit was vested based on the Sixth Circuit’s “presumption of vesting” despite the lack of any language in an agreement providing for such. The case is M&G Polymers v. Tackett.… More

ERIC Urges Appeals Court to Overturn District Court’s Misapplication of Fiduciary Deference under ERISA Plan

The ERISA Industry Committee (ERIC) on June 18 filed an amicus brief with the U.S. Court of Appeals for the Third Circuit urging the court to overturn an earlier district court ruling that misapplied judicial precedent regarding the deference owed to a plan administrator’s reasonable interpretation of plan terms under the Employee Retirement Income Security Act (ERISA). The case is Cottillion v. United Refining Company.… More

ERIC Urges Appeals Court to Affirm District Court Ruling Rejecting Class Certification in Alleged Fiduciary Breach Claims

The ERISA Industry Committee (ERIC) on February 20 filed with the U.S. Court of Appeals for the Seventh Circuit an amicus curiae (“friend of the court”) brief, urging the Court to affirm a lower court’s ruling rejecting class certification concerning alleged fiduciary breach claims concerning stable value fund investments in money market funds. The case is Abbott v. Lockheed Martin Corp.… More

More Press Releases