5th Circuit Rules DOL Opinion Final, Arbitrary But Vacates Injunction

Mealey's (August 19, 2022, 12:17 PM EDT) -- NEW ORLEANS — Ruling on a dispute stemming from a question of whether a health insurance plan for limited partnerships is an employee welfare benefit plan under the Employee Retirement Income Security Act, a Fifth Circuit U.S. Court of Appeals panel upheld findings that an advisory opinion from the U.S. Department of Labor (DOL) is a final agency action under the Administrative Procedure Act (APA) and is arbitrary and capricious; however, the panel vacated an injunction that it said turns on “interpretative questions that the district court must further address on remand.”...