Federal Judiciary

Recent Invitation Brief in Nos. 08-803/08-810/08-826

By Akin Gump Supreme Court Practice Group

The United States recently filed its brief in No. 08-803, Alfieri v. Conkright, No. 08-810, Conkright v. Frommert, and No. 08-826, Pietrowski v. Conkright, a group of petitions arising out of a decision of the Second Circuit.  (Alas, we have not been able to further loop this back to our coverage of the nomination of Judge Sotomayor.)   At issue in the cases are questions relating to the proper standard of review for an ERISA denial-of-benefits case, as well as the enforceability of releases waiving ERISA claims.  The United States has recommended that the petitions be denied.  

Full post as published by SCOTUSBLOG on May 29, 2009 (boomark / email).