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SG recommends grants in ERISA case

UPDATE: In other recently filed invitation briefs, the Solicitor General has recommended a denial of certiorari in No. 06-1269, United States ex rel. Bly-Magee v. Premo, and a hold in No. 06-1249, Wyeth v. Levine, pending the Court’s decisions in No. 06-179, Riegel v. Medtronic (argued Dec. 4, 2007), and No. 06-1498, Warner-Lambert v. Kent (to be argued Feb. 25). Click here for the government’s brief in Bly-Magee and here for the brief in Wyeth.


The federal government has recommended that the Court grant certiorari in No. 06-923, MetLife v. Glenn, limited to the question presented of whether an ERISA plan administrator that both evaluates and pays claims operates under a conflict of interest that must be weighed on judicial review of benefit determinations. The government also recommended the Court direct the parties to address how courts should weigh such conflicts of interest in reviewing the discretionary benefit determination of a dual-role administrator.

The Solicitor General’s brief is available here. Click the following links to read the petition for certiorari, brief in opposition, and cert reply.