Daily Labor Report®

Solicitor General Urges No Review of Ruling
Addressing Remedies for Disclosure Failures

June 3, 2010, 4:00 AM

The acting solicitor general urged the U.S. Supreme Court in a brief filed May 27 to deny review of a case that would call on the high court to decide whether the Employee Retirement Income Security Act provides a substantive remedy when plan sponsors violate the federal statute’s disclosure provisions (Amara v. CIGNA Corp.).

The case involves a long-running challenge to CIGNA Corp.'s cash balance pension plan. While the case had its origins in claims that the cash balance plan was age discriminatory, the litigation evolved over the years and eventually boiled down to claims that CIGNA violated...

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