A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with
Articles Discussing ERISA.
Not So Fast!: Second Circuit Remanded Out-Of-Network Medical Provider’s Suit Against ERISA Plan
On June 9, 2025, the Second Circuit affirmed the principle that an out-of-network medical provider may not sue for medical benefits allegedly due to its patient under an ERISA-governed plan but remanded to provide the patient an opportunity to move to be substituted as the real party in interest.[1]
Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International
The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a manufacturer of auto parts. England v. Denso Int’l Am. Inc., No. 24-1360, 2025 U.S. App. LEXIS
Do You Really Want to Be an ERISA Fiduciary?
Two recent class action lawsuits charging a breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) have increased the stakes and raised important considerations regarding a plan fiduciary’s duty of loyalty/prudence and engagement in prohibited transactions. This follows a string of cases over the years that have
Navigating Increased ERISA Litigation Risk Post-Cunningham: How to Protect Your Plan
Under the Supreme Court’s recent decision in Cunningham v. Cornell University, No. 23-1007 (April 17, 2025), plaintiffs asserting that ERISA plan administrators engaged in prohibited transactions under ERISA Section 406 are not required to plead the inapplicability of statutory exemptions in Section 408.
Supreme Court Clarifies ERISA Prohibited Transaction Pleading Standards
On April 17, 2025, the U.S. Supreme Court, in a unanimous opinion, resolved a circuit split and established a plaintiff-friendly pleading standard for ERISA prohibited transaction claims in Cunningham v. Cornell University, No. 23-1007.
Background
The plaintiffs in Cunningham accused Cornell’s retirement plans of engaging in prohibited transactions by paying
The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?
The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?
On April 17, 2025, the U.S. Supreme Court issued a decision that dealt a blow to benefit plan fiduciaries nationwide. The Court unanimously held in Cunningham v. Cornell University1 that a plaintiff asserting that
Burden at the Crossroads: Pizarro Paves the Way for Potential Supreme Court Review
Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers
On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk
Ninth Circuit Affirms ERISA Plan Administrator’s Decision, Validates Use of Industry Guidelines and Medical Evidence
On March 5, 2019, Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California issued his opinion in Wit v. United Behavioral Health, in which he attempted to significantly change how Employee Retirement Income Security Act (ERISA)–governed health plans were administered, particularly third-party administrators’
Cybersecurity Considerations for Employers Sponsoring ERISA Plans
Cyber-criminals often steal funds and personal data from employee benefit plans. Employers face increasing liability for failures in cybersecurity of the employee benefit plans they sponsor, including for the security of plan assets and data managed by service providers. The DOL has updated its detailed guidance on cybersecurity for ERISA-covered
Johnson & Johnson Case Sparks Concerns Over Future Excessive Health Fee Litigation
Recent scrutiny of pharmacy benefit managers, also known as “PBMs,” has resulted in various lawsuits alleging that the high drug costs they charge violate ERISA. Among the first lawsuits in what appears to be a wave of new litigation against employers is Lewandowski v. Johnson & Johnson et al., No.
Fifth Circuit Remands ESG Rule in First ERISA Test Case Post-Chevron
In its recent decision in State of Utah v. Su, the Fifth Circuit remanded a challenge to the Department of Labor’s (DOL) environmental, social, and governance (ESG) rule for investing in defined contribution retirement plans after the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo. In Loper Bright,
Health Plan Hygiene Part 2: ERISA Fiduciaries – That May Mean You!
The Employee Retirement Income Security Act of 1974 (ERISA) regulates most private employee benefit retirement and welfare plans. This statute’s purview is vast; it governs employer-sponsored defined benefit and defined contribution retirement plans and an array of welfare plans.
Second Circuit Weighs in Against ERISA Arbitration
Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class action ERISA claims brought on behalf of plans are subject to individual arbitration, with relief limited