Amicus Briefs & ERIC Publications

2017

protected content Jander v. Retirement Plans Committee of IBM, et al

Click here to view a brief description of the facts, issues, and importance of an anticipated petition for a writ of certiorari to the United States Supreme Court in Jander v. Retirement Plans Committee of IBM, et al… More

protected content Amicus Brief Opportunity in Retirement Case

ERIC is interested in supporting a legal case by filing an amicus brief and would like your support… More

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 Draft brief for Brotherston v. Putnam Investments

Please review the draft brief for Brotherston v. Putnam Investments. Putnam is filing a petition for certiorari to encourage the U.S. Supreme Court to rule on two issues… 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 2 Potential amicus briefs – Please review

We are interested in supporting two legal cases with the filing of amicus briefs and would like your support. One is a health care case and the other a retirement case… 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 Support Requested with Amicus Brief Filing

ERIC has been asked to join an amicus brief to be filed in the 8th Circuit in support of a motion to dismiss by the defendants… 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 ERIC and Epstein Becker Green Release Summer 2017 Edition of Benefits Litigation Update

The Summer 2017 edition of the Benefits Litigation Update, prepared by Epstein Becker Green and ERIC is now available. The Benefits Litigation Update is a quarterly publication that takes recent legal cases that matter for health and retirement plan sponsors and boils them down to their most important takeaways… More

protected content Spring 2017 Benefits Litigation Update

The Spring 2017 edition of the Benefits Litigation Update, prepared by Epstein Becker Green and ERIC is now available. The Benefits Litigation Update is a quarterly publication that takes recent legal cases that matter for health and retirement plan sponsors and boils them down to their most important takeaways.… More

protected content ERIC and Epstein Becker Green Release Fall 2016 Edition of Benefits Litigation Update

The fall 2016 edition of the Benefits Litigation Update, prepared by Epstein Becker Green and ERIC is now available. If you are not familiar with the Benefits Litigation Update, it is a publication that takes recent legal cases that matter for health and retirement plan sponsors and boils them down to their most important takeaways… 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

protected content ERIC and Epstein Becker Green Release Spring 2016 Edition of Benefits Litigation Update

Earlier today, The ERISA Industry Committee (ERIC) released the latest edition of the Benefits Litigation Update, a joint project between ERIC and the law firm of Epstein Becker Green… 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

2017