New Solicitor General invitation brief

In an amicus brief filed today, the Solicitor General recommends that cert. be denied in Amara v. CIGNA/CIGNA v. Amara (09-784/09-804).

• Issues: (1) Whether a district court, after finding violations of the advance notice of reduction requirement in Section 204(h) of ERISA, lacks the authority to require the prior benefit provisions to be reinstated; and (2) whether a district court, after finding that participants were promised “comparable” or “larger” future retirement benefits in a summary of material modification, errs in concluding that it lacks the authority to require at least “comparable” future benefits to be provided.
• All the briefs are available on the case’s SCOTUSwiki page, here.