U.S. Supreme Court Amicus Brief of Law Professors in Support of Respondents, Conkright v. Frommert, No. 08-810
Paul M. Secunda
Marquette University - Law School
November 20, 2009
Amici curiae law professors filed this brief to urge the U.S. Supreme Court to affirm the decision of the Second Circuit Court of Appeals and not to import inappropriate administrative law deference principles into ERISA denial of benefit claims under Section 502(a)(1)(B).
The brief argues that the Court should reject Petitioners' effort to engage in serial attempts to reinterpret its pension plan and also reject Petitioners' attempt to introduce administrative law deference into the ERISA benefit claims process. Such an approach would be inconsistent with the language and intent of ERISA and Supreme Court precedent.
Number of Pages in PDF File: 19
Keywords: ERISA, Section 502(a)(1)(B), deference, benefits, denial of benefits, reinterpretation, administrative law, Donald Bogan, Mark DeBofskyworking papers series
Date posted: November 25, 2009
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