The number of lawsuits brought pursuant to the Employee Retirement Security Act of 1974 (“ERISA”) has increased exponentially over the past 15-20 years. Our litigators represent plan sponsors, individual fiduciaries, and independent trust companies in all aspects of ERISA litigation, including benefit disputes, fiduciary claims, subrogation actions, and government investigations.
We approach every defense case with the goal of achieving an early resolution or victory, consistent with client needs. We frequently advise clients before litigation even commences, either during the administrative claims process or as part of an early case assessment. Our experience and specialized knowledge in this arena have also contributed to timely successes on motions to dismiss, preemption battles, motions for judgment on the administrative record, and motions for summary judgment. In the event that a case proceeds to trial, all of our ERISA litigators are commercial trial lawyers by training, and are prepared to try the case.
Powell Goldstein’s litigators handle ERISA cases all over the country. In recent years, they have defended major ERISA matters in Georgia, Florida, Ohio, Michigan, Indiana, North Carolina, and Washington.
Representative Matters:
- Obtained summary judgment for one of the nation’s largest HMOs in a nationwide, multi-district class action brought by over 600,000 physicians.
- Obtained summary judgment (and an award of attorneys’ fees) for an independent trust company on claims for breach of fiduciary duty and violations of ERISA.
- Obtained summary judgment for an company-sponsored ESOP and its trustees on claims for violation of ERISA’s Anti-Cutback and Significant Detriment Rules.
- Prosecuted a defendant class action for a Fortune 100 client as trustee of pension funds subject to competing claims of its unionized workers.
- Represented a large public university in a class action suit brought by former employees to recover early retirement benefits.
- Negotiated a substantial subrogation recovery for a company-sponsored medical plan in connection with a medical malpractice suit brought by a plan beneficiary.
