U.S. Department of Labor Important Office of the Solicitor Briefs Update - November 2021

New Brief Subscription Newsletter You are subscribed to 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: Division of Black Lung and Longshore Legal Services: Edd Potter Coal Co. v. Austine Salmons and Director, OWCP, Brief/Memorandum in Support of Motion Description: The Director argued that because claims under the BLBA require issue exhaustion, Edd Potter Coal forfeited its Appointments Clause challenge by failing to timely raise the issue before the ALJ and Board. Division of Plan Benefits Security: PriceWaterhouseCoopers LLP, et. al. v. Laurent, Amicus Brief Description: The US argued that cert should be denied because the Second Circuit properly permitted respondents to simultaneously seek a two step-remedy in the form of equitable reformation of an ERISA plan under ERISA section 502(a)(3), 29 U.S.C. 1132(a)(3), followed by a claim for benefits pursuant to the terms of the plan as reformed under ERISA section 502(a)(1)(B), 29 U.S.C. 1132(a)(1)(B). McQuillin v. Hartford Life and Accident Insurance Company, Amicus Brief Description: Whether a plan fiduciary's decision to overturn an initial disability claim denial and return it to its claim department for a new decision, without granting or denying benefits, is a "benefit determination on review" under 29 CFR 2560-503-1(i)(1)(i). Whether a plan fiduciary's failure to timely issue a "benefit determination on review" causes the claimant's administrative remedies to be "deemed exhausted" under 29 CFR 2560-503-1(l)(2)(i) and therefore subject to de novo review. Shields v. United of Omaha Life Insurance Company, Amicus Brief Description: The Secretary argues that an insurer breached the fiduciaries duties of prudence and loyalty when accepting premium payments from a participants for decades without first ensuring his eligibility for coverage. To view the complete list of SOL Briefs posted online, go to: https://www.dol.gov/agencies/sol/briefs. Briefs posted prior to January 1st 2014 are presented in both HTML and PDF formats. Effective January 1st 2014, only Section 508 compliant PDF version of the briefs are available. This message may contain information that is privileged or otherwise exempt from disclosure under applicable law. Do not disclose without consulting the Office of the Solicitor. If you think you received this e-mail in error, please notify the sender immediately. Questions? Contact Us   STAY CONNECTED:   SUBSCRIBER SERVICES: Manage Preferences  |  Unsubscribe  |  Help Got this as a forward? Sign up to receive our future emails. This email was sent to stevenmagallanes520.nims@blogger.com using GovDelivery Communications Cloud on behalf of: United States Department of Labor · 200 Constitution Ave NW · Washington, DC 20210 · 1-866-4-USA-DOL (1-866-487-2365)