Tag Archives: ERISA

Employer’s Profit-Sharing Plan Is Not Covered by ERISA, Pennsylvania Federal Court Finds

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in ERISA
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan. An at-issue document/provision cannot be an ERISA pension plan unless it provides retirement income or “deferral of income beyond covered employment.” Designated employee retirement plans and 401(k) plans will … Continue Reading

Location, Location, Location. Washington Federal Court Looks To Where Benefit Plan Was Signed And Negotiated In Agreeing To Transfer ERISA Class Action To Georgia

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in ERISA
Much like buying a home, location can mean everything when defending a class action. Therefore, it is common for defendants to try and transfer class actions to what is viewed as a more favorable jurisdiction when there is at least a significant connection with that forum. When this happens, courts apply a largely predictable set … Continue Reading

Ohio Federal Court Rejects Attempt to Certify Class Against Third-Party Plan Administrator Under ERISA § 502(a)(3)

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in ERISA
Employee Retirement Income Security Act (ERISA) claims can potentially involve significant amounts in controversy, and in an effort to broaden the pool of potential defendants, ERISA plaintiffs are often fond of arguing that the Supreme Court’s Harris Trust decision makes a party’s status as an ERISA fiduciary or nonfiduciary irrelevant in determining liability under ERISA … Continue Reading

Sixth Circuit Affirms Dismissal of Class Claims Regarding Disability Benefits

Photo of Greg MersolBy Greg Mersol on Posted in ERISA
ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context.  A decision this week from the Sixth Circuit affirms the dismissal of a putative class-wide disability claim under a company pension plan.  The case is noteworthy because the court addressed the merits of the plaintiff’s individual claim … Continue Reading

Fourth Circuit Expands ERISA Equitable Remedies

Photo of Greg MersolBy Greg Mersol on Posted in ERISA
Authorship credit: Paul S. Enockson Editor’s Note: This post is a joint submission to Baker Hostetler’s Class Action Lawsuit Defense blog.   ERISA class action litigation differs in important respects from many other types of employment class actions, in part because of its unique remedial provisions and continuing issues involving the scope of recovery.   … Continue Reading

ERISA Class Actions Still Being Certified Post-Dukes

Photo of Greg MersolBy Greg Mersol on Posted in ERISA
Authorship credit: Paul S. Enockson ERISA class certification motions routinely cite cases for the proposition that ERISA cases are the paradigmatic example of cases that are appropriate for class certification.  The United States District Court for the Southern District of Ohio’s recent decision in Adams v. Anheuser-Busch Companies, Case No. 2:10-cv-826, provides continuing support for … Continue Reading

Plaintiffs Swallow Bitter Pill With Dismissal of Class Breach of ERISA Fiduciary Duty Claim for Alleged Wage and Hour Violations

Photo of Jeffrey VlasekBy Jeffrey Vlasek on Posted in ERISA, Overtime Claims
The case of DeSilva v. North Shore-Long Island Jewish Health System, Inc., Case No. 10-CV-1341-JFB-ETB (E.D.N.Y. March 7, 2012), began small, like a lone cough one winter’s morning, before escalating into a full-blown cold, complete with hacking and wheezing.  At first there were six plaintiffs working as nurses.  After two amended complaints, however, the purported … Continue Reading

Court Applies Kentucky’s 15-Year Statute of Limitations for ERISA Class Action Claims To Recover Benefits Due Under Terms of Plan

Photo of Scott McIntyreBy Scott McIntyre on Posted in ERISA
At present, most employment class actions relate to wage and hour issues, but there are still many (and frequently hugely expensive) ERISA class actions challenging a host of benefits issues. A recent case underscores that the threat of ERISA class action litigation can be exacerbated by a very long statute of limitations. ERISA does not … Continue Reading

Court Grants Summary Judgment in Multidistrict Independent Contractor Cases

Photo of Greg MersolBy Greg Mersol on Posted in ERISA, FLSA, Independent Contractors, Nonexempt Status, Wage and Hour
We’ve written at least three times now on the case of Dukes v. Wal-Mart, now pending before the United States Supreme Court, as it is the largest employment class action in history.  Perhaps a relatively distant second is the collection of cases against FedEx Ground Package System, currently being handled through the multidistrict litigation docket in Northern Indiana.  … Continue Reading

Class Decertified in Case of Former Sales Representatives Asserting ERISA Claims

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in ERISA
A federal court in New York decertified a class former sales representatives who claimed that Defendant Linvatec Corp. violated ERISA when it denied severance benefits after the division where the representatives worked was outsourced. Thompson v. Linvatec Corp., No. 6:06-CV-00404 (N.D.N.Y. 6/22/2010). After reviewing the plan documents, the court narrowed the original class definition of … Continue Reading

Sixth Circuit Holds Class Members’ ERISA Claims Accrued When They Knew Their Benefits Changed

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in ERISA
The Sixth Circuit recently reversed an injunction that required Caterpillar to pay lifetime health care costs to a subclass of 275 former employees upon finding the subclass members’ ERISA claims were time-barred.  Winnett v. Caterpillar, Inc., No. 06-00235 (6th Cir. 6/22/2010). The plaintiffs filed their lawsuit on March 28, 2006 and claimed Caterpillar breached a … Continue Reading
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