Nonprofits, States, Others’ Amicus Briefs Support DOL In Advisory Opinion Row

Mealey's (May 11, 2021, 9:50 AM EDT) -- NEW ORLEANS — Various nonprofits filed four amicus curiae briefs on April 23 in the Fifth Circuit U.S. Court of Appeals joining briefs filed earlier in the month by a number of states and various states’ insurance departments 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....