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Legal Briefs |
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In the Supreme Court of the United States |
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Supreme Court Grants Petition For Review (PDF, 109KB) (1/27/06)
Thomas F. Fitzgerald, William F. Hanrahan
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Aetna Health Inc. v. Davila (PDF, 569kb)
Amicus Brief, 2003, Jon W. Breyfogle
Brief of Amici Curiae in support of petitioner urging the reversal of a Fifth Circuit decision that mistakenly permitted the filing of state suits where ERISA should have preempted state laws.
Press Release
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Hall Holding Co. v. Chao (PDF, 1169kb)
Petition for a Writ of Certiorari, 2003, Edward A. Scallet
Brief requesting the reversal of an opinion in which the Sixth Circuit had concluded that a fiduciary's failure to conduct a prudent investigation into the price of employer stock was sufficient to establish a violation of ERISA, even if a reasonable fiduciary would have paid the same stock price.
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Black & Decker Disability Plan v. Nord (PDF, 304kb)
Amicus Brief, 2003, Douglas W. Ell, John P. McAllister, Alvaro I. Anillo
Brief of Amicus Curiae in support of petitioner arguing that the Ninth Circuit erroneously applied a "treating physician rule" because the application of the rule to a private disability plan violated ERISA.
Press Release
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Pegram v. Herdrich (PDF, 1148kb)
Amicus Brief, 1999, Lonie A. Hassel, William F. Hanrahan
Brief of Amicus Curiae in support of petitioner arguing for the reversal of a Seventh Circuit decision that misapplied ERISA fiduciary status to physicians' treatment decisions.
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In Other Courts |
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Accardi v. IT Litigation Trust (PDF, 3201kb)
Consolidated Brief, 2005, Michael J. Prame
Brief urging the Third Circuit to affirm a lower court that held that a corporation's deferred compensation plan was exempt from the funding and fiduciary responsibility provisions of ERISA because the plan was an unfunded top hat plan.
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Levine v. United Healthcare Corp. (PDF, 110kb)
Reply Brief, 2004, Edward A. Scallet
Brief advocating that the Third Circuit should uphold a district court's decision that ERISA completely preempted unjust enrichment claims, and that it should reject the lower court's finding that New Jersey's collateral source rule was saved from preemption by ERISA.
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Henry v. Champlain Enterprises (PDF, 1458kb)
Defendants' Brief, 2003, Edward A. Scallet, Robert P. Gallagher, Lars C. Golumbic
Brief in support of motion for partial summary judgment in ESOP case where trust company and other fiduciaries had been sued for alleged breaches of fiduciary duty.
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Alta Health & Life Insurance Co. v. Gilbert (PDF, 91kb)
Amicus Brief, 2001, William F. Hanrahan, Jon W. Breyfogle, Jennifer E. Eller
Brief of Amici Curiae in support of appellant pushing for an Eleventh Circuit reversal of a lower court decision that found that Alabama's tort of bad faith refusal was not preempted by ERISA.
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