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We have extensive experience litigating actions involving health and welfare plans and pension plans that are subject to the Employee Retirement Income and Security Act of 1974 (ERISA). The clients we represent in ERISA litigation have included insured and self-funded plans, plan sponsors, insurers, fiduciaries (and alleged fiduciaries) and service providers, such as accountants and administrators, who may become involved in cases involving the payment of benefits under employee benefit plans. In addition to representing clients in single-plaintiff and class-action litigation focused on pension plans and health and welfare plans, we have also represented clients involved in litigation surrounding company stock plans.
ERISA litigation can be quite complex, but there are few issues that our attorneys have not previously experienced and handled. This experience and knowledge – coupled with the firm’s robust employee benefits, labor and employment, litigation and health care practices – allow our attorneys to handle matters efficiently and cost effectively.
Our attorneys have litigated a broad range of ERISA-related actions for our clients. Our experience includes defending clients in many different benefits actions related to Section 502 of ERISA, as well as Section 510 interference cases, delinquent contribution cases, and cases asserting breaches of fiduciary duties – among others. For years, our attorneys also have been on the cutting edge of ERISA subrogation and reimbursement litigation, in working to secure recoveries for health and welfare plans.
The rules governing ERISA litigation – which are constantly changing – allow clients to choose whether to litigate in federal or state court, can permit clients to argue that discovery should be strictly limited to the administrative record established by the ERISA plan, and can ensure that courts apply deferential standards of review to the decisions made by the plan. These decisions are crucial in the adjudication of the litigation, and our attorneys have advised a variety of clients as they navigate their choices.
Our lawyers also frequently address the different types of preemption that exist under ERISA and that shield ERISA plans, plan administrators and claims administrators from state statutory or common law claims brought by plan participants, plan beneficiaries or health care providers asserting claims pursuant to assignments.