Publications and Resources

Amicus Briefs

The Council regularly files amicus ("friend of the court") briefs in federal courts, providing the perspective of employer plan sponsors in legal cases where the outcome represents an important precedent and has a significant impact on employee benefits policy. These briefs bring to bear the Council's extensive experience and legal expertise to support arguments preserving the voluntary employer-sponsored benefits system.

For more information on the Council's amicus brief program, contact Jan Jacobson, senior counsel, retirement policy, or Kathryn Wilber, senior counsel, health policy, at (202) 289-6700.

Note: Amicus briefs are also available on the applicable issue pages.

Amicus Brief Archive

Friday, February 10, 2017
Council Amicus Brief in Transamerica v. Santomenno, U.S. Ninth Circuit Court of Appeals
In an amicus (“friend of the court”) brief filed with the U.S. Court of Appeals for the Ninth Circuit on February 10, the Council asserted that the district court ruling in a recent 401(k) fee case centered on a misunderstanding of ERISA and would harm service providers, plan sponsors, plans, and plan participants
Tuesday, August 16, 2016
Council Amicus Brief in Tatum v. RJR, Fourth Circuit Court of Appeals
Council Amicus Brief to Fourth Circuit Court of Appeals in Tatum v. RJR
Thursday, June 2, 2016
Council Amicus Brief in EEOC v. Flambeau, U.S. Seventh Circuit Court of Appeals
In an amicus (“friend of the court”) brief filed with the U.S. Court of Appeals for the Seventh Circuit on June 8, the Council voiced strong support for a lower court decision validating an employer’s workplace wellness program.
Wednesday, June 1, 2016
Council Amicus Brief in Transamerica v. Santomenno, U.S. Ninth Circuit Court of Appeals
Council Amicus Brief to Ninth Circuit in Transamerica v. Santomenno
Wednesday, February 24, 2016
Council Amicus Brief in Osberg v. Foot Locker, U.S. Second Circuit Court of Appeals
In an amicus (“friend of the court”) brief filed with the U.S. Court of Appeals for the Second Circuit on February 24, the Council urged the reversal of a district court decision that granted relief to retirement plan participants in a cash balance plan conversion case.
Wednesday, October 28, 2015
Council Amicus Brief with U.S. Fifth Circuit Court of Appeals in HCSC vs. Methodist Hospital System
The Council has submitted an amicus (“friend of the court”) brief in the Fifth Circuit Court of Appeals in Health Care Services Corp. v. Methodist Hospitals of Dallas, a case involving whether Texas “prompt pay” requirements apply to self-insured employers, and if so, whether they are preempted under ERISA. This case has implications for the ability of multi-state self-funded health plans to uniformly administer their plans without having to conform to widely disparate state claims processing requirements.
Tuesday, October 20, 2015
Council Amicus Brief with U.S. Supreme Court in Gobielle v. Liberty Mutual
Council (and others) Amicus Brief with U.S. Supreme Court in Gobielle v. Liberty Mutual
Monday, October 5, 2015
Council Amicus Brief in Amgen v. Harris, U.S. Supreme Court, Petition for Certiorari
Council Amicus Brief in Amgen v. Harris, U.S. Supreme Court, Petition for Cert
Monday, September 28, 2015
Council Amicus Brief in Embarq v. Fulghum, U.S. Supreme Court, Petition for Certiorari
Council Amicus Brief in Embarq v. Fulghum, Petition for Cert, U.S. Supreme Court
Wednesday, September 2, 2015
Council Amicus Brief in Whitley et al v. BP, Fifth Circuit Court of Appeals
Council Amicus Brief in Whitley et al v. BP, Fifth Circuit Court of Appeals
Friday, August 14, 2015
Council Amicus Brief in United Refining Co. v Cottillion, U.S. Supreme Court
Council Amicus Brief before the US Supreme Court in United Refining Co. v Cottillion
Thursday, March 26, 2015
Council Amicus Brief In re: American International Group Inc. 2008 Securities Litigation, U.S. Second Circuit Court of Appeals
Council Amicus Brief In re: American International Group Inc. 2008 Securities Litigation, Second Circuit Court of Appeals
Monday, August 25, 2014
Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, U.S. Fourth Circuit Court of Appeals, Requesting En Banc Hearing
Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Requesting En Banc Hearing by Fourth Circuit Court of Appeals
Thursday, July 24, 2014
Council Amicus Brief with U.S. Supreme Court in M&G Polymers v. Tackett, Petition for Cert
Council Amicus Brief in M&G Polymers v. Tackett, Petition for Writ of Certiorari with U.S. Supreme Court
Wednesday, June 18, 2014
Council Amicus Brief in Cottillion v. United Refining, U.S. Third Circuit Court of Appeals
Council Amicus Brief Before U.S. Court of Appeals for the Third Circuit in Cottillion v. United Refining
Friday, March 28, 2014
Council Amicus Brief in Rochow v. Lina, U.S. Sixth Circuit Court of Appeals
Amicus Brief with Sixth Circuit Court of Appeals in Rochow v. Lina
Thursday, August 1, 2013
Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Fourth Circuit Court of Appeals
Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Fourth Circuit Court of Appeals
Friday, June 28, 2013
Council Amicus Brief in Harris v. Amgen, U.S. Ninth Circuit Court of Appeals
Council Amicus Brief in Harris v. Amgen, Ninth Circuit Court of Appeals
Wednesday, February 20, 2013
Council Amicus Brief with U.S. Seventh Circuit Court of Appeals in Abbott, et al v. Lockheed Martin Corporation
Council Amicus Brief in Abbott, et al v. Lockheed Martin Corporation, U.S. Seventh Circuit Court of Appeals
Wednesday, November 28, 2012
Council Amicus Brief in First Unum Life Insurance v. Bilyeu, U.S. Supreme Court, Petition for Certiorari
Council/AHIP/ACLI Amicus Brief and Petition for Certiorari with the U.S. Supreme Court
Wednesday, September 5, 2012
Amicus Brief in McCutchen, et al v. U.S. Airways, U.S. Supreme Court
Amicus Brief to the U.S. Supreme Court in McCutchen, et al v. U.S. Airways
Wednesday, September 5, 2012
Council Amicus Brief in U.S. Airways v. McCutchen, U.S. Supreme Court
Council Amicus Brief to U.S. Supreme Court in U.S. Airways v. McCutchen
Thursday, July 26, 2012
Council Amicus Brief in Conkright v. Frommert, U.S. Second Circuit Court of Appeals
Council Amicus Brief before US Court of Appeals for the Second Circuit inConkright v. Frommert
Monday, March 12, 2012
Council Amicus Brief in Sterling Chemicals, Inc., v. Evans, U.S. Fifth Circuit Court of Appeals
Council Amicus Brief in Sterling Chemicals, Inc., v. Evans, U.S. Court of Appeals for the Fifth Circuit
Wednesday, August 17, 2011
Council Amicus Brief in Griffin & Gardner v. Flagstar, et al, U.S. Sixth Circuit Court of Appeal
Council Amicus Brief in Griffin & Gardner v. Flagstar, et al, U.S. Sixth Circuit Court of Appeal
Friday, June 3, 2011
Council amicus brief in Shavers v. Siemens, U.S. Third Circuit Court of Appeals
Council amicus brief in Shavers v. Siemens
Friday, May 13, 2011
Council Amicus Brief in George et al v. Kraft, U.S. Seventh Circuit Court of Appeals
Council Amicus Brief in George et al v. Kraft, Seventh Circuit Court of Appeals
Monday, March 7, 2011
Council Amicus Brief in Raymond M. Pfeil and Michael Kammer v. State Street Bank and Trust Company, U.S. Sixth Circuit Court of Appeals
Council amicus brief to the Sixth Circuit in the case of Raymond M. Pfeil and Michael Kammer v. State Street Bank and Trust Company
Friday, March 26, 2010
Council Amicus Brief in Gray v. Citigroup, U.S. Second Circuit Court of Appeals
Council/ERIC Amicus Brief with Second Circuit Appeals Court in Gray v. Citigroup
Monday, September 21, 2009
Council Amicus Brief in Conkright v. Frommert, U.S. Second Circuit Court of Appeals
Council Amicus Brief with United States Court of Appeals for the Second Circuit in Conkright v. Frommert
Thursday, September 10, 2009
Council Amicus Brief in Loughren v. Unum, U.S. First Circuit Court of Appeals
Council Amicus Brief in Loughren v. Unum
Friday, July 10, 2009
Council Amicus Brief in GGRA v San Francisco, U.S. Supreme Court
Council Amicus Brief to U.S. Supreme Court in GGRA v San Francisco
Wednesday, April 15, 2009
Council Amicus Brief in Braden v. Wal-Mart, U.S. Eighth Circuit Court of Appeals
Amicus Brief in Braden v. Wal-Mart