ERISA

REPRESENTATIVE CASES

• Class action lawsuit filed by participants in their employer’s pension and profit-sharing plan alleging that Plan fiduciaries violated ERISA by unlawfully diverting Plan assets to the employer in the guise of administrative fees and failure to prudently invest Plan assets in one of the funds in the Plan.
  
  
• Plaintiff filed suit under ERISA to recover additional long-term disability benefits and for breach of fiduciary duties under ERISA and declaratory relief.  Defendant asserted that Plaintiff’s claim for benefits under ERISA was barred by the two-year contractual limitation period in the Policy and that Plaintiff was no longer disabled from “any reasonable occupations.”
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• Plaintiff class of pension and profit-sharing plan participants claimed that their former employer charged excessive fees to the plan for the work done by the employer’s investment professionals and benefits department employees, the employer made imprudent investments for the plan, and the employer’s fiduciary committees breached their fiduciary duties and engaged in prohibited transactions.
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• ERISA claim by union trust fund against contractor for case unpaid contributions to union member benefit plans under collective bargaining agreement.
  
  
• ERISA action for unpaid contributions to union trust funds identified through an audit.
  
  
• ERISA claim for denial of short term and long term disability benefits under an employee benefit plan based on the exclusion for disability due to mental illness and whether the insured was totally disabled from any occupation.
  
  
• ERISA class actions against a defense contractor for alleged excessive fees charged to the defense contractor’s pension and profit sharing plans.
  
  
• Collection actions under ERISA seeking recovery of delinquent employee benefit plan contributions to union trust funds pursuant to collective bargaining agreements.
  
  
• ERISA lawsuit by union pension trust fund against contractor seeking recovery of fringe benefit contributions.
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Mediator

Margaret Levy, Esq.

Tel: (310) 201-0010