Amicus Briefs & ERIC Publications

2017

ERIC Files Amicus Brief in Brotherston v. Putnam Investments

ERIC joined the U.S. Chamber of Commerce, the American Benefits Council, the Securities Industry and Financial Markets Association, the American Retirement Association, the National Association of Manufacturers, and the Business Roundtable in filing an amicus brief in the case Brotherston v. Putnam Investments… More

protected content Rx rebate mayhem, Amicus filed in 5th Circuit, New caddy data, and more!

Yesterday, the Administration announced its proposed rule to lower prescription drug prices and out-of-pocket costs “by encouraging manufacturers to pass discounts directly on to patients and bringing new transparency to prescription drug markets” … More

protected content Amicus Brief Updates

On Wednesday, a brief was submitted in support of the defendants, PwC, in Laurent v. PwC… More

protected content Victory! Supreme Court Reverses Circuit in Major Retiree Health Case

Just a quick note to let you know that our amicus brief last year in CNH Industrial v. Reese was successful! ERIC’s brief was the only one that called on the Supreme Court to completely reverse the 6th Circuit, and instead rule in keeping with the Tackett cases that established the rules surrounding retiree health coverage and collective bargaining agreements… More

protected content Update on Oregon Litigation

On Monday, we shared an important and positive development in ERIC’s lawsuit against the mandate imposed by the OregonSaves state retirement program that impacts your company’s requirement to file for an exemption by November 15, 2017. We are providing the following clarifying information in response to questions raised from the prior communication… More

ERIC Files Amicus Brief with the U.S. Supreme Court in Critical Retiree Health Case

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in CNH Industrial v. Reese asking the court to reverse the U.S. Court of Appeals for the Sixth Circuit’s decision that required life-time vesting of retiree health benefits under a collective bargaining agreement that did not stipulate the duration of the benefit… More

protected content Important Update on Requirement to File in OregonSaves Program

I am sharing an important and positive development in ERIC’s lawsuit against the mandate imposed by the OregonSaves state retirement program that impacts your company’s requirement to file for an exemption by November 15… More

Employer Groups File Amicus Brief in Meiners v. Wells Fargo & Company

The ERISA Industry Committee (ERIC) and the American Benefits Council (ABC), 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… More

protected content Tax Reform, Student Loan, Amicus Brief

The House passed a budget resolution which completes the steps necessary to provide both the House and Senate with reconciliation instructions to complete tax reform. The main reason behind the “reconciliation” route is that it enables legislation to be passed out of the Senate with a simple majority instead of the standard 60-vote threshold… More

Meiners v. Wells Fargo & Company

The ERISA Industry Committee (ERIC), the American Benefits Council (ABC), 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… More

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 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

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

ERIC Jointly Files An Amicus Brief Filed On The Bond And Craig v. Marriott International Case

ERIC jointly files an amicus brief filed on the Bond and Craig v. Marriott International case with the U.S. Chamber of Commerce and the… 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

protected content ERIC and Epstein Becker Green Release Fall / Winter 2014 Edition of Benefits Litigation Update

ERIC earlier today released the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. … More

protected content Join ERIC and Epstein Becker Green for Our Benefits Litigation Update Conference Call

ERIC staff and senior counsel from Epstein Becker Green and Miller & Chevalier will discuss on the conference call the key issues summarized in the Update and answer any questions you may have regarding these cases and issues. … More

2017