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NELA AARP Amicus Brief - In re Anthem & Express Scripts ERISa Litigation

On May 2, 2018, NELA was pleased to join with AARP and AARP Foundation Litigation in filing an amicus brief on behalf of the plaintiffs/appellants in the U.S. Court of Appeals for the Second Circuit in In re Express Scripts Inc. & Anthem, Inc. ERISA Litigation . The Employee Retirement...

In re Express Scripts Anthem ERISA Litigation_NELA AARP Amicus Brief_050218.pdf


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Brotherston, et al. v. Putnam Investments, et al. (1st Cir. ERISA)

On November 8, 2017, NELA joined our colleagues at AARP in filing an amicus brief on behalf of the Plaintiff-Appellants in Brotherston, et al. v. Putnam Investments, et al. , pending currently in the U.S. Court of Appeals for the First Circuit. The district court’s decision in this case...

Brotherston v. Putnam_1st Cir_AARP NELA Amicus Brief_110817.pdf



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AARP & NELA Oppose Extreme Pleading Standard In Fifth Circuit ERISA Case

On October 28, 2015, NELA joined with AARP to file an amicus brief in the U.S. Court of Appeals for the Fifth Circuit on behalf of the Plaintiff-Appellants in Whitley v. BP, P.L.C. Under § 1104 of the Employee Retirement Income Security Act (ERISA), the fiduciary of an employee...

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Whitley v. BP: NELA AARP Amicus Brief (5th Circuit)

For nearly two decades, some courts presumed that it was prudent to invest a retirement plan’s assets in an Employer Stock Option Plan (ESOP), i.e., a benefit plan invested in the employer's own company stock. Recently, however, the U.S. Supreme Court decided in Fifth Third Bancorp v....

Whitley v BP_5th Cir_AARP NELA Amicus_Final_102815.pdf


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NELA Joins AARP To File Amicus Briefs In Two ERISA Cases Pending In The U.S. Courts Of Appeal For The Third And Seventh Circuits

NELA joined AARP to file amicus briefs in support of the plaintiffs-appellees in Kaplan v. Saint Peter’s Healthcare System , No. 14-8125 (3d Cir.), and Stapleton v. Advocate Health Care Network , No. 15-1368 (7th Cir.). These cases challenge the claimed religious exemption from the Employee...

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NELA Amicus Briefs: Kaplan v. Saint Peter’s Healthcare System (3rd Circuit), and Stapleton v. Advocate Health Care Network (7th Circuit)

NELA joined AARP to file amicus briefs in support of the plaintiffs-appellees in Kaplan v. Saint Peter’s Healthcare System , No. 14-8125 (3d Cir.), and Stapleton v. Advocate Health Care Network , No. 15-1368 (7th Cir.). These cases challenge the claimed religious exemption from the...

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NELA Amicus: Tatum v. RJR Pension Investment Committee Follow-Up

More than a year ago, in May 2013, NELA and AARP jointly submitted an amicus curiae brief in support of Richard G. Tatum, plaintiff-appellant, in Tatum v. RJR Pension Investment Committee , No. 13-1360, pending in the U.S. Court of Appeals for the Fourth Circuit. This was Mr. Tatum’s...

tatum decision 08 04 2014.pdf


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NELA Amicus Brief: Gabriel v. Alaska Electrical Pension Fund (9th Circuit)

On July 21, 2014, NELA and AARP submitted an amicus curiae brief in Gabriel v. Alaska Electrical Pension Fund , No. 12-35458, pending in the U.S. Court of Appeals for the Ninth Circuit, in support of plaintiff Gregory R. Gabriel’s petition for rehearing en banc . This case involves...

12-3548 AARP and NELA Amicus Brief_07.21.2014_FINAL.pdf


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NELA Amicus Brief: Rochow v. Life Insurance Co. of North America (6th Circuit)

On May 2, 2014, NELA joined AARP in submitting an amicus curiae brief in Rochow v. Life Insurance Co. of North America , No. 12-2074, pending before the U.S. Court of Appeals for the Sixth Circuit, sitting en banc , in support of plaintiff the Estate of Daniel Rochow. John J. Cooper of the...

Rochow Amicus Brief - AARP and NELA1.pdf


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NELA Amicus Brief: Heimeshoff v. Hartford Life & Accident Insurance Co. and Wal-Mart Stores, Inc. (U.S.Supreme Court)

Heimseshoff v. Hartford Life & Accident Insurance Co. and Wal-Mart Stores, Inc. (Case No. 12-729) involves the question of when a statute of limitations should accrue under ERISA for judicial review of an adverse disability benefit determination. In this case, the plaintiff brought suit to...

NELAAmicusBrief_12-729_tsac_aarp nela.pdf


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NELA Amicus Brief: Tatum v. RJ Reynolds (RJR) (4th Circuit)

In the Fourth Circuit case, Tatum v. RJ Reynolds Investment Committee, et al. (Case No. 13-1360), after RJR Nabisco Holdings Inc. spun off defendants R.J. Reynolds Tobacco Co. and R.J. Reynolds Tobacco Holdings Inc. in 1999, Nabisco stock was sold and removed from the pension plan. The...

NELAAmicusBrief_Tatum v RJ Reynolds Amici Brf final 6-4-13.pdf


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NELA Amicus Brief: US Airways v. McCutchen (U.S. Supreme Court)

On Thursday, October 25th, NELA joined AARP in filing an amicus brief in U.S. Airways v. McCutchen , an ERISA case currently pending in the United States Supreme Court. While the underlying cause of action in this case was a tort claim, an adverse ruling in this case could have profound...

11-1285 Amici Curiae Brief (AARP) filed 10-25-12.pdf


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NELA, AARP And Pension Rights Center Urge Supreme Court To Grant Cert In ERISA Case

On July 24, 2012, AARP, NELA and the Pension Rights Center filed an amicus curiae brief urging the U.S. Supreme Court to grant a petition for certiorari in Gray v. Citigroup, Inc. (No. 11-1531). In a ruling that abrogates ERISA’s primary purposes, the Second Circuit held that fiduciaries...

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2009 NELA Amicus Brief: In re Citigroup ERISA Litigation (2nd Circuit)

NELA's amicus brief addresses how the district court’s decision removing employer stock investments and offerings from ERISA’s trustee responsibilities and accompanying fiduciary protections, where the plan mandates the investments or offerings, conflicts with 1) ERISA’s...

NELA Amicus Brief_1223091.pdf


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NELA Amicus Brief: Gray v. Citigroup (U.S. Supreme Court)

On July 24, 2012, AARP, NELA and the Pension Rights Center filed an amicus curiae brief urging the U.S. Supreme Court to grant a petition for certiorari in Gray v. Citigroup, Inc. (No. 11-1531). In a ruling that abrogates ERISA’s primary purposes, the Second Circuit held that...

AARP NELA PRC_Amicus Brief_07 24 12.pdf