Important Briefs for the U.S. Department of Labor Office of the Solicitor. This page has recently been updated. The following new briefs have been posted to the DOL/SOL Website:
SOL Fair Labor Standards:
Lockheed Martin Corp. v. Administrative Review Board, brief for the Administrative Review Board
Description: Whether substantial evidence supports the determination of the ALJ, as affirmed by the Board, that Brown's protected activity was a contributing factor in Lockheed's constructive discharge of Brown.
SOL Plan Benefits Security:
Faber v. Metropolitan Life Ins. Co., amicus, letter in response to the court's invitation
Description: The Secretary concludes that because the plan documents contemplate the delivery of benefits in retained asset accounts, the use of the retained asset account ends the fiduciary's obligations and therefore the accounts themselves do not contain plan assets subject to continuing fiduciary obligations.
Fulghum v. Embarq Corporation, amicus, in support of plaintiffs-appellants urging reversal and remand
Description: What is the scope of ERISA Section 413's "fraud or concealment" provision.
Santomenno v. John Hancock Life Insurance Company, amicus, in support of plaintiffs-appellants and requesting reversal
Description: Amicus brief in support of plaintiff-appellants arguing that insurance company acted as a fiduciary under ERISA in substitution and deletion of funds and share classes as well as setting administrative fees.