ERISA & Employee Benefits Litigation

Representative Experience

• Defended a major insurer in a $600 million ERISA class action lawsuit. Plaintiff sought recovery on behalf of 23,000 present and former independent contractor insurance agents. Obtained summary judgment on all claims.
• Obtained dismissal of lawsuit asserting ERISA claims against HMO stemming from coverage dispute, which was affirmed by the U.S. Court of Appeals, Eighth Circuit.
• Obtained order defeating class certification and granting summary judgment in lawsuit against pharmacy benefit manager asserting breach of fiduciary duty claims under ERISA.
• Prosecuted to substantial verdict a plaintiff’s ERISA case in district court for statutory penalties.
• Defended in district court and federal appeals court a leading ERISA case on modification of health benefits in a union case for a major Peoria, Illinois, employer. The client prevailed on summary judgment, which was affirmed on appeal.
• Represented client in a class action lawsuit that involved claims that various alleged ERISA fiduciaries breached their duties and engaged in prohibited transactions by selling their shares in the Foster/Gallagher employee stock ownership plan (ESOP) for more than adequate consideration. Obtained a dismissal of the fiduciary duty count against client and partial summary judgment on another claim. After bifurcation, a trial against another defendant produced a result that barred the last claim against client. Confirmed on appeal.