News & Updates

September 19, 2016

LITIGATION CHALLENGING THE DOL FIDUCIARY DUTY RULE

Since early June, 2016, opponents of the rule have filed a series of lawsuits in three federal district courts seeking to invalidate it.  The plaintiffs include the Chamber of Commerce, the Financial Services Institute (FSI), the Securities Industry and Financial Markets Association (SIFMA), members of the fixed-indexed annuities industry, and other organizations.  In each of the pending cases, members of the SOR coalition have submitted amicus briefs in defense of the rule (most, but not all of which, the courts have accepted).  Collected here is an archive of those amicus briefs, along with the motions seeking leave to file.  In addition, to provide context for those who are interested, we’ve included the principal memoranda filed by the Department of Labor as well as those filed by the plaintiffs setting forth their lines of attack – all of which the DOL, through the Department of Justice, has ably refuted.

Chamber v. DOL, Case No. 3:16cv1476 (N.D. Tex. June 1, 2016)

Chamber v DOL – AAJ motion and amicus brief

Chamber v DOL – AARP motion and amicus brief

Chamber v DOL – BMI amicus brief

Chamber v DOL – BMI motion

Chamber v DOL – CFA amicus brief

Chamber v DOL- CFA motion

Chamber v DOL – FPC motion and amicus brief

Chamber v DOL – PIABA amicus brief

Chamber v DOL- PIABA motion

Chamber v DOL – Pub Cit motion and amicus brief

Chamber v DOL – DOL opposition to motion for SJ

Chamber v DOL – Plaintiff ACLI’s memo

Chamber v DOL – Plaintiff Chamber’s memo

Chamber v DOL- Plaintiff IALC’s memo

 

NAFA v. DOL, Case No. 1:16cv1035 (D.D.C. June 2, 2016)

NAFA v DOL – AARP motion and amicus brief 

NAFA v DOL – PIABA motion and amicus brief

NAFA v DOL – BMI, CFA, AFR motion and amicus brief

NAFA v DOL -BMI, CFA, AFR amicus brief

NAFA v DOL – DOL opposition to motion for PI

NAFA v DOL – Plaintiff’s memo 

 

 

Market Synergy v. DOL, Case No. 5:16cv4083 (D. Kans. June 8, 2016)

Market Synergy v DOL – AARP amicus brief

Market Synergy v DOL – AARP motion

Market Synergy v DOL – BMI, CFA, AFR amicus brief

Market Synergy v DOL – BMI, CFA, AFR motion

Market Synergy v DOL – BMI, CFA, AFR, reply to plaintiff’s opposition

Market Synergy v DOL – PIABA amicus brief

Market Synergy v DOL – PIABA motion

Market Synergy v DOL – PIABA reply to plaintiff’s opposition

Market Synergy v DOL – DOL opposition to motion for PI

Market Synergy v DOL – Plaintiff’s memo

Market Synergy v DOL – Plaintiff’s opposition to all amici


Category: Blog