Labor and Employment - ERISA Litigation
Benefit plans offered by employers can trigger costly litigation. The Employee Retirement Income Security Act of 1974 (“ERISA”) grants rights to plan participants and provides remedies in our court system for violations of this federal law. Most ERISA lawsuits involve claims for the denial or termination of benefits or claims alleging the breach of a fiduciary duty. Lawsuits may be filed by plan participants individually or as a class action lawsuit. Many successful class actions also have been filed by plan non-participants, working under independent contractor status, challenging the validity of that status and claiming wrongful exclusion from plan participation. The Secretary of Labor also has standing to file suit or to impose penalties for violations of ERISA.
At Segal McCambridge, we defend employers, fiduciaries, claims administrators, healthcare plans, retirement plans, disability plans, defined contribution plans, welfare plans, insurers, management health care organizations and other entities in an array of ERISA related matters. We offer the following representation in ERISA matters:
- Claims for the wrongful denial or termination of benefits under Section 502(a)(1)(B) of ERISA;
- Claims for breach of fiduciary duty under Section 502(a)(2) and/or Section 502(a)(3) of ERISA;
- Claims for engaging in transactions prohibited by ERISA;
- Claims for benefits discrimination;
- Claims of interference with rights protected by Section 510 of ERISA;
- Complex preemption issues; and
- Matters arising under COBRA, HIPAA, the ADA, ADEA and FMLA.
