DOL, U.S. Tell 5th Circuit Trial Court Erred In Reviewing ERISA Advisory Opinion

Mealey's (April 7, 2021, 3:26 PM EDT) -- NEW ORLEANS — A district court erred when it reviewed a U.S. Department of Labor (DOL) advisory opinion that was not a final agency action and “compounded” that error when it issued an injunction barring the DOL from denying that the plan in question was an Employee Retirement Income Security Act plan, the DOL, Labor secretary and United States argue in a March 31 appellant brief filed in the Fifth Circuit U.S. Court of Appeals....