ERISA’s notorious preemption clause is no more than a few lines of text. But it has a dramatic effect on the trillions of dollars flowing through ERISA pension and health plans in any given year. The U.S. Supreme Court has been asked to define the...
On August 21, 2023, the U.S. District Court for the District of Minnesota largely dismissed—for a second time—a putative ERISA class action challenging “excessive” fees and “poor” performance in a 401(k) plan. Fritton v. Taylor Corp., No. 22-cv-00415 (ECT/TNL), 2023 U.S. Dist. LEXIS 145940 (D....
Like the tides, the rules regarding ERISA’s fiduciary duties are constantly in flux. The Fourth Circuit recently ruled that while providing “investment advice for a fee” implicates those duties, pitching investment services does not. It also clarified that a fiduciary’s self-interest alone, without any action...
In Wit v. United Behavioral Health, the Ninth Circuit recently rejected a lower court’s order certifying a class of participants in a dispute over behavioral health guidelines used to process claims for benefits. A California district court recently rejected Aetna’s motion to decertify an existing...
ERISA’s prohibited transaction rules are notoriously complex and opaque. On August 4, 2023, the Ninth Circuit issued an important decision on those prohibited transaction rules that arguably conflicts with decision from the Third and Seventh Circuits, setting the stage for potential review by the U.S....
Recently, federal appellate courts have begun tightening the pleading standards for ERISA breach of fiduciary duty claims based on the fees or performance of funds in 401(k) and 403(b) plans. To state a viable claim based on fees or performance, a plaintiff must, among other...
As we recently suggested, ERISA disputes over the fees and expenses charged to employer or union sponsored group health plans may well become the next wave in ERISA litigation. At minimum, the Consolidated Appropriations Act of 2021 creates new disclosure obligations on service providers of...
On July 20, 2023, a federal judge in Massachusetts rejected defendants’ request to certify an interlocutory appeal to the First Circuit to clarify the proper pleading standard for ERISA breach-of-duty claims. See Monteiro v. The Children’s Hospital Corp., 1:22-cv-10069-AK, ECF 66 (D. Mass). In this...
On June 30, 2023, Kraft Heinz raised a novel ERISA breach of fiduciary duty lawsuit against Aetna, the former third-party administrator for its own group health plan. The case alleges that Aetna improperly managed Kraft’s self-funded plan—which paid out over $1 billion in claims during...
On May 23, 2023, the U.S. District Court for the Western District of Missouri dismissed a putative ERISA class action challenging “excessive” fees in a 401(k) plan. Barrett v. O’Reilly Automotive, Inc., 6:22-cv-03111-BCW (W.D. Mo.). This is the latest in a trend of ERISA lawsuits...
Just this month, the Ninth Circuit revisited the relationship between ERISA and Article III constitutional standing, recently addressed by the U.S. Supreme Court in Thole v. U.S. Bank, 140 S. Ct. 1615. In Winsor v. Sequoia Benefits & Ins. Servs., LLC, the Ninth Circuit held...
A federal court in Wisconsin recently allowed a putative ERISA class action in Lucero v. Credit Union Ret. Plan Ass’n to proceed to discovery on the claim that a 401(k) plan paid excessive recordkeeping fees. This decision highlights an important trend in ERISA litigation. Lucero...
While social distancing restrictions associated with COVID-19 are on the wane, lawsuits seeking reimbursement for COVID-19 testing are on the rise. The issue is whether federal legislation passed at the onset of the Pandemic allows out-of-network test providers essentially to name their price for the...
The Ninth Circuit just reversed decisions from the U.S. District Court for the Northern District of California in Wit v. United Behavioral Health, which had ordered United Behavioral Health (“UBH”) to reprocess thousands of claims for behavioral and mental health treatment. Wit is an ERISA...
Yet another battle in the actuarial equivalence fight has just been resolved—and is immediately headed for appellate review. In Belknap v. Partners Healthcare System, Inc., the Plaintiff argued that the annuity payment he received from his plan was not the “actuarial equivalent” of the single...
Early reports suggested that a pension fund for Kentucky teachers lost approximately $13 million invested in Sberbank, one of Russia’s largest banks. The pension plan quickly refuted these stories, reporting that the plan sold its interests on Feb. 23, the day before Russia invaded Ukraine...
Just this month, the Supreme Court issued its much anticipated decision in Northwestern University, the first time the Court has been called upon to examine a lawsuit alleging that a 401(k) plan’s investment and fees were mismanaged. Although a narrow decision, the case was a...
Since the first round of cases were filed in 2006, plaintiffs’ counsel have raised hundreds of lawsuits challenging the prudence of fees and investments in 401(k) plans. One of the critical issues in those cases is what needs to be included in a complaint to...
Andrew HollyAndrew represents clients in a wide range of complex civil matters.
Nick BullardNick is a trial partner in Dorsey’s office in Minneapolis. ...
Tim ArendsChair of the Benefits and Compensation practice group, Tim devot...
Shannon BjorklundShannon provides advice and litigation assistance to companies...
Tim GoodmanTim Goodman works with employers on medical plans, retirement pl...
Alan IversonAlan is a litigator in Dorsey’s trial group with a focus on cli...
Stephen P. LuckeSteve represents businesses, employers, insurers, and fiduciarie...
Marianne O'BaraMarianne works regularly with numerous non-U.S. companies and t...
Kirsten SchubertKirsten helps clients large and small navigate all aspects of com...
Michael VovesEmployee Benefits, Minneapolis
