Amicus Briefs

The Pension Rights Center lends its support to important cases that could benefit plan participants by filing amicus curiae or friend-of-the-court briefs. Below are some of the most recent amicus briefs filed by the Center.

  • The PRC supported the plaintiff in LaRue v. DeWolff, Boberg & Associates, a case now pending before the U.S. Supreme Court. The case will determine whether an individual participant in a 401(k) plan can sue to recover losses that did not affect all (or many other) plan participants. Read our summary on the LaRue case. Read our brief supporting the participant's right to sue.

  • The PRC supported the plaintiff in Milofsky v. American Airlines. the case decided by the U.S. Court of Appeals for the 5th Circuit ruled that a group of plan participants that did not represent all plan participants, could nevertheless sue for breach of fiduciary duty. The participants claimed they were harmed because their pensions were invested in overvalued company stock. Read more about the case. Read our brief supporting the group's right to sue in cases where some but not all plan participants are harmed.

  • The PRC also submitted an amicus brief supporting the plaintiffs in Hirt v. Equitable Retirement Plan, a cash balance case heard in the Second Circuit. Read our brief encouraging the Second Circuit to reject the Seventh Circuit's holding in Cooper v. IBM and instead find that cash balance plan formulas violate ERISA.