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Fifth Circuit Rules Invalidates DOL Advisory Opinion That Health Plan Was Not Subject to ERISA
Proskauer Link to more items from this source
Aug. 29, 2022

"[T]he Fifth Circuit reasoned that the advisory opinion was arbitrary and capricious because it relied on a definition of 'working owner' that was 'materially different' from the one applied in prior guidance. The Fifth Circuit held that the DOL's failure to explain its departure from the prior definition resulted in the kind of 'unexplained inconsistency' that is the 'hallmark' of arbitrary and capricious agency action." [Data Marketing Partnership, LP v. DOL, No. 20-11179 (5th Cir. Aug. 17, 2022)]

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