Federal Judiciary

New Solicitor General invitation brief

By Akin Gump Supreme Court Practice Group

In an amicus brief filed today, the Solicitor General recommends that cert. be denied in Amara v. CIGNA/CIGNA v. Amara (09-784/09-804).

• Issues: (1) Whether a district court, after finding violations of the advance notice of reduction requirement in Section 204(h) of ERISA, lacks the authority to require the prior benefit provisions to be reinstated; and (2) whether a district court, after finding that participants were promised ?comparable? or ?larger? future retirement benefits in a summary of material modification, errs in concluding that it lacks the authority to require at least ?comparable? future benefits to be provided.
• All the briefs are available on the case’s SCOTUSwiki page, here.

Full post as published by SCOTUSBLOG on May 27, 2010 (boomark / email).