Class Action Defense - ERISA

In recent years, the number of class actions brought against benefit plans, employer plan sponsors, and fiduciaries over alleged violations of the Employee Retirement Income Security Act (ERISA) has surged. Having navigated the ins and outs of ERISA’s provisions for decades, our attorneys have a deep understanding of this complex and ever-evolving statute.

Collaborating with attorneys on our employment and benefits teams who have strong working knowledge of both ERISA and the Affordable Care Act, we develop and execute solid defense strategies by using our decades of class action procedural experience.

With a strong track record of defending clients on issues ranging from misclassification issues, Pension Benefit Gauranty Corporation litigation and retiree health insurance benefits to stock drop cases, cash balance cases and claims alleging imprudent plan investments, we are well-equipped to represent clients in high-stakes litigation where hundreds of millions of dollars are on the line.

Select Experience

  • Obtained dismissal based on standing grounds in an ERISA “stock drop” case involving a company stock fund that lost hundreds of millions of dollars over a two-year period. The decision—which significantly changed the way in which damages may be measured in these types of cases—was affirmed by the Sixth Circuit on appeal.
  • Obtained judgment in favor of a technology manufacturing company after defending it through trial and subsequent appeal in a case in which plaintiffs brought suit on behalf of salaried and hourly employees and asserted claims under ERISA, alleging entitlement to retiree health insurance benefits arising out of a plant that had been sold years before. The action was one of very few in this arena that have been tried and won by the defense.
  • Obtained summary judgment in favor of Michelin North America and its operating company, the B.F. Goodrich Tire Company, in district court in a putative class action challenging the substantial modification of retiree medical benefits. The decision was subsequently affirmed by the Sixth Circuit and an attempt by plaintiffs to appeal to the United States Supreme Court was denied.
  • Obtained dismissal of class action against Electronic Data Systems, in which the plaintiffs sought class certification of claims under ERISA under the theory that if overtime pay remained unpaid, the plaintiffs’ pension and 401(k) accounts were adversely affected and that the failure to properly classify employees for overtime purposes amounted to a breach of fiduciary duty.
  • Obtained summary judgment on behalf of former plan trustee of an Employee Stock Ownership Plan and Trust relating to compensation agreement that trustee had entered into with family member prior to sale of company to employees.
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Experience

  • Obtained dismissal based on standing grounds in an ERISA “stock drop” case involving a company stock fund that lost hundreds of millions of dollars over a two-year period. The decision—which significantly changed the way in which damages may be measured in these types of cases—was affirmed by the Sixth Circuit on appeal.
  • Obtained judgment in favor of a technology manufacturing company after defending it through trial and subsequent appeal in a case in which plaintiffs brought suit on behalf of salaried and hourly employees and asserted claims under ERISA, alleging entitlement to retiree health insurance benefits arising out of a plant that had been sold years before. The action was one of very few in this arena that have been tried and won by the defense.
  • Obtained summary judgment in favor of Michelin North America and its operating company, the B.F. Goodrich Tire Company, in district court in a putative class action challenging the substantial modification of retiree medical benefits. The decision was subsequently affirmed by the Sixth Circuit and an attempt by plaintiffs to appeal to the United States Supreme Court was denied.
  • Obtained dismissal of class action against Electronic Data Systems, in which the plaintiffs sought class certification of claims under ERISA under the theory that if overtime pay remained unpaid, the plaintiffs’ pension and 401(k) accounts were adversely affected and that the failure to properly classify employees for overtime purposes amounted to a breach of fiduciary duty.
  • Obtained summary judgment on behalf of former plan trustee of an Employee Stock Ownership Plan and Trust relating to compensation agreement that trustee had entered into with family member prior to sale of company to employees.

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In The Blogs

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Class Action Lawsuit Defense
Mandatory Disclosure of Third-Party Funding Agreements for Proposed Class Action Lawsuits
February 24, 2017
For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.” This has spawned...
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Class Action Lawsuit Defense
Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel
February 1, 2017
Fed. R. Civ. P. 23(a)(4) requires that the representative parties – the class representatives and their counsel – will adequately protect the interest of the class. Relatively few class-action decisions turn on the adequacy of class...
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Class Action Lawsuit Defense
A Look at Potential Supreme Court Nominees’ Class Action Decisions
January 31, 2017
Tonight, President Donald Trump is expected to nominate one of three federal appellate judges to the Supreme Court: Judge William Pryor of the Eleventh Circuit, Judge Neil Gorsuch of the Tenth Circuit or Judge Thomas Hardiman of the Third...
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Class Action Lawsuit Defense
The Supreme Court Will Review Whether Putative Class Actions Toll the Statute of Repose for Class Members’ Individual Securities Act Claims
January 19, 2017
On January 13, 2017, the Supreme Court granted certiorari in California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373 (ANZ Securities), to resolve whether the filing of a putative class action tolls the statute of...
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Class Action Lawsuit Defense
“Administrative Feasibility” Rejected in the Ninth Circuit
January 9, 2017
On Jan. 3, in Briseno v. Conagra Foods, Inc., Case No. 15-55727, the Ninth Circuit Court of Appeals held that Fed. R. Civ. P. 23 does not require class representatives to demonstrate that there is an “administratively feasible” means of...
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