There has been a recent rise in Employee Retirement Income Security Act of 1974 (ERISA) litigation against third-party administrators (TPAs) and other service providers challenging their management of self-funded health...more
6/2/2025
/ Appeals ,
Breach of Contract ,
Contract Disputes ,
Damages ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance ,
Motion to Dismiss ,
Self-Funded Health Plans
In Hutchins v. HP Inc., the U.S. District Court for the Northern District of California dismissed – with prejudice – the plaintiff's claims challenging the use of forfeited employer 401(k) contributions. This is the latest...more
2/13/2025
/ 401k ,
Benefit Plan Sponsors ,
Class Action ,
Compliance ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
ERISA Litigation ,
Fiduciary Duty ,
Forfeiture ,
Retirement Plan
In Halperin v. Richards, the U.S. Court of Appeals for the Seventh Circuit considered whether the Employee Retirement Income Security Act of 1974 (ERISA) preempted certain state-law corporate liability claims against officers...more
8/24/2021
/ Breach of Duty ,
Business Valuations ,
Commercial Bankruptcy ,
Conflicts of Interest ,
Corporate Liability ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
ESOP ,
Fiduciary ,
Financial Adviser ,
Preemption ,
State Law Claims
Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more
4/1/2021
/ Appeals ,
Arbitration ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
ERISA Litigation ,
ESOP ,
Federal Arbitration Act ,
Fiduciary Duty ,
Motion to Compel ,
Split of Authority ,
Unenforceable Contract Terms