States, Insurance Departments File Amicus Briefs In ERISA Advisory Opinion Row

Mealey's (April 19, 2021, 7:32 AM EDT) -- NEW ORLEANS — A number of states and various states’ insurance departments filed amicus curiae briefs on April 7 in the Fifth Circuit U.S. Court of Appeals supporting arguments by the U.S. Department of Labor (DOL), the Labor secretary and the United States that a trial court erred when it reviewed a DOL advisory opinion that was not a final agency action and issued an injunction barring the DOL from denying that the plan in question was an Employee Retirement Income Security Act plan....