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Sixth Circuit 'Unfriends' DOL: No 'Regulation by Amicus' for ERISA Venue Selection Clauses
Seyfarth Shaw LLP Link to more items from this source
Oct. 26, 2014

"[T]he Sixth Circuit noted that the 'Secretary of Labor has been particularly aggressive in attempting to mold statutory interpretation and establish policy' by filing amicus briefs in private litigation. The court also noted that that the DOL had never before advanced its stated view on venue selection clauses through an enforcement action, regulation, or opinion letter. The DOL had voiced this opinion only once before -- in an amicus brief in a sister circuit." [Smith v. Aegon Companies Pension Plan, No.13-5492 (6th Cir. Oct. 14, 2014)]

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