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Subject: U.S. Department of Labor Important Office of the Solicitor Briefs Update
Date: Fri, 4 Feb 2011 13:19:22 -0600
To: guyperea@live.com
From: contact.sol@subscriptions.dol.gov
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:
SOL Black Lung and Longshore Legal Services:
[PDF] Indian Mountain Coal Company and Old Republic Insurance Company v. Emily Bolling, and Director, OWCP, on petition for review of an order of the BRB
Description: This brief argues that the employer waived any collateral estoppel defense by failing to raise the issue before the ALJ or in two appeals to the BRB. The brief also argues that even if the issue was not waived, the employer failed to establish all elements of collateral estoppel because the claimant was not a party to or otherwise bound by the decision in the prior action. Finally, the brief argues that the presence of autopsy evidence--unavailable in the prior action--creates an exception to the collateral-estoppel rule, even if all of the elements were established.
[PDF] Keene v. Consolidation Coal Company, and Director, OWCP, on petition for review of an order of the BRB
Description: The Director argued that the Court should vacate the denial and remand the claim to the ALJ to reconsider the claim under the amended standard.
[PDF] Keene v. Consolidation Coal Company, and Director, OWCP, supplemental
Description: The Director argued that the employer had failed to rebut the presumption that the statute is constitutionally valid.
[PDF] Wheeler v. Kellogg, Brown and Root, and Insurance Company of the State of Pennsylvania, amicus, on appeal from a final order of the U.S. District Court for the Middle District of Florida
Description: Whether the employer is entitled to rely on the common-law "relation-back" doctrine to presume payment was timely made when the funds for a settlement check were not made available to the injured employee until after the ten-day period in 33 U.S.C 914(f).
[PDF] Wheeler v. Newport News Shipbuilding & Dry Cock Corp., and Director, OWCP, supplemental
Description: This brief argues that the position taken Director's brief is due to Skidmore deference, and that the legislative history, although it does not answer the specific question at issue, supports that position.
SOL Fair Labor Standards:[PDF] Henry v. Quicken Loans, Inc., amicus
Description: What degree of derence is due to the Dep't of Labor's Administrator's Interpretation No. 2010-1 relative to Wage & Hour's Opinion Letter FLSA2006-31 regarding the exemption status of mortgage loan officers under the administrative exemption in section 13(a)(1) of the FLSA?
SOL Plan Benefits Security:[PDF] Allen v. Wachovia Corp., amicus, supporting plaintiffs-appellants
Description: Case involving the Moench presumption. The presumption of prudence is a judicially created presumption that presumes the prudence of investment in employer stock.
[PDF] Sherfel v. Gassman, amicus, in support of defendant's memorandum on opposition to plaintiffs' request for injunctive and declaratory relief
Description: Brief argues that ERISA does not preempt Wisconsin FMLA to the extent that it requires disability benefit substitution or payment of same out of general assets due to "impairment" of federal FMLA under ERISA 514(d).
[PDF] Solis v. The Food Employers Labor Relations Association and United Food and Commercial Works Pension Fund, on appeal from the U.S. District Court for the District of Maryland
Description: The Secretary argues: (1) that she has standing to assert the fiduciary exception on behalf of plan participants because application of these privileges is categorically against the interest of the attorney's true clients - the plan participants and beneficiaries - whenever, as here, the Secretary seeks such information as part of an investigation or prosecution of possible ERISA violations, and (2) that neither the Secretary nor ERISA participants are required to show "good cause" before invoking the fiduciary exception because no such limitation existed at common law and the policy rationale for creating such a limitation in the corporate context do not apply in the ERISA context.
[PDF] Taylor v. KeyCorp, amicus, supporting plaintiff-appellant
Description: Case involving the Moench presumption. The presumption of prudence is a judicially created presumption that presumes the prudence of investment in employer stock.
To view the complete list of SOL Briefs posted online, go to: http://www.dol.gov/sol/media/briefs/main.htm. Briefs are presented in both HTML and PDF formats. | Questions? Contact Us |
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