Wednesday, April 9, 2008
To follow up on Don Bogan's amicus brief in MetLife v. Glenn that we reported on yesterday, today we are featuring another amicus brief in Glenn that Jonathan Feigenbaum filed with Scott Riemer for the MS Society of New York City in the case.
In an interesting and novel argument, they maintain that deferring to a litigant in a Section 502(a)(1)(B) denial of benefits case is an impermissible delegation of Article III duties that denies Mrs. Glenn her constitutional right to Article III adjudication. They write that they know of no other area of the law where the Federal Judiciary defers to the decision of a private litigant when deciding private rights.
This is a short pointed brief to alert the Supreme Court to this important constitutional issue that has been overlooked.
Jonathan and Scott would appreciate you comments on the brief and are interested in hearing feedback from others.