It was another slow week in ERISAland as the federal courts digested the results of last week’s blockbuster midterm elections.

There were several interesting decisions, however, including: (1) a case allowing a disability plan participant to sue the plan’s insurer for breach of fiduciary duty for failing to tell him he might be eligible for benefits (Ramos v. Standard); (2) a case allowing a medical plan participant to sue her insurer for breach of fiduciary duty for misleading her into believing her surgery would be covered (Robinson v. Health Care Serv. Corp.); and (3) a curious case allowing a plaintiff to proceed based on a theory that the defendants “treated similarly situated claimants differently,” even if the life insurance denial at issue wasn’t an abuse of discretion (Richards v. LifePoint).

Finally, on this Veterans Day Your ERISA Watch would like to thank all who have served or are serving our country. Here’s a list of unusual and thought-provoking places to reflect, including the Polar Bears Memorial in Troy, Michigan, and the Grave of Sinbad the Dog in Barnegat Light, New Jersey.

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Breach of Fiduciary Duty

Seventh Circuit

Ramos v. Standard Ins. Co., No. 26-cv-01477, 2026 WL 3320290 (N.D. Ill. Nov. 3, 2026) (Judge Sharon Johnson Coleman). Raul Ramos, a machine operator for G&W Electric, participated in the company’s ERISA-governed short-term and long-term disability plans, both administered by Standard Insurance Company. Although Standard administers claims under both plans, Standard is only financially responsible for benefits under the long-term plan, while the short-term claims are self-funded by G&W. Ramos stopped working in 2023 because of gout, tendinopathy of the right bicep, polyarthralgia, osteoarthritis in the right ankle and foot, asthma, and other conditions. He did not know he might be eligible for disability benefits and believed his condition “would be addressed solely through worker’s compensation.” Eventually he learned about the disability plans and applied for benefits in 2025, nearly two years after he stopped working. Both plans contained deadlines requiring proof of loss within specified periods after the waiting period and providing that “[i]f Proof Of Loss is filed outside these time limits, your claim will be denied.” Ramos sued in February of this year after Standard “failed to issue a decision with respect to his application for benefits.” Standard responded with a motion to dismiss. Ramos then amended his complaint without opposition, and the parties agreed that the amendment did not moot the motion. Standard argued that the plain language of the plans excluded Ramos from coverage because his application was untimely and that it breached no fiduciary duty. The court first addressed Ramos’s claim for benefits under § 502(a)(1)(B). Standard had calculated filing deadlines of January 20, 2024, for the short-term plan and April 14, 2024, for the long-term plan. Ramos did not dispute those calculations, did not argue that he lacked capacity, and did not point to any tolling provision. Because “[i]t is…clear under strict construction of the terms of the Plan policies that Mr. Ramos’ benefits application was untimely,” the court dismissed any claim he might have for benefits under the plan. However, it reached a different result on equitable relief. Ramos’s amended complaint did not expressly allege a breach of fiduciary duty, but the court considered the argument in his response brief because a plaintiff “may elaborate on [] allegations [in a brief] so long as the elaborations are consistent with the pleading.” The court cited the three elements of such a claim: a plaintiff must show that (1) the defendant is a fiduciary, (2) the defendant breached its duty, and (3) the breach caused harm. The first and third elements were “easily satisfied” because Standard, as a plan administrator, was “certainly a fiduciary,” and a breach would have caused Ramos to miss his deadline and lose eligibility for benefits. As for the second element, the court cited a fiduciary’s duty to affirmatively communicate material facts, which requires that a fiduciary “cannot remain silent if it knows or should know that the beneficiary is laboring under a material misunderstanding of plan benefits” and its obligations are not excused “merely because [the beneficiary] failed to comprehend or ask about a technical aspect of the plan.” However, the court also recognized that “ERISA does not require plan administrators to investigate each participant’s circumstances and prepare advisory opinions for literally thousands of employees.” The court stated that it “understands the critical question in this case to be whether Standard Insurance knew or should have known that Mr. Ramos was eligible (or potentially eligible) for benefits. If so, then Standard Insurance likely had a fiduciary duty to inform Mr. Ramos about his potential eligibility and the deadlines for applying for benefits.” The complaint did not definitively allege Standard’s knowledge, but at the pleading stage the court drew reasonable inferences in Ramos’s favor. If Ramos received workers’ compensation, G&W must have known of his ailments, and Standard would have known if it administered G&W’s workers’ compensation fund. Even if not, it was “reasonable to assume that G&W is in regular communication with Standard Insurance (the administrator of the Short-Term Plan) about its actual and potential financial obligations under the Short-Term Plan.” While “concrete proof is lacking,” the allegations showed more than a “mere possibility” of a breach, and “the question of what Standard Insurance knew and when is an issue of Standard Insurance’s state of mind that is not usually appropriate to resolve on a motion to dismiss.” The court also rejected Standard’s argument that it could not be liable for short-term plan benefits because only G&W pays them. Although a benefits claim must be brought against the party obligated to pay, “the question of whether Mr. Ramos is entitled to legal relief under the Short-Term Plan (which the Court has already resolved in the negative) has no bearing on the question of whether Standard Insurance breached its fiduciary duty as the administrator of the Short-Term Plan.” Thus, “It would be premature at this point to dismiss any such claims for equitable relief against Standard Insurance.” As a result, Standard’s motion was only partly granted; Ramos’s equitable relief claim will proceed.

Disability Benefit Claims

Eighth Circuit

Regulus v. Ascension Long Term Disability Plan, No. 4:25-cv-00616-SRC, 2026 WL 3320297 (E.D. Mo. Nov. 3, 2026) (Judge Stephen R. Clark). Raven Regulus, a behavioral-health counselor, stopped working in 2021 after reporting symptoms she attributed to mold and toxin exposure during workplace renovations. She participated in Ascension’s ERISA-governed long-term disability plan, which delegated claim administration to Sedgwick Claims Management Services, Inc. Under the plan, benefits continue after 24 months only if a participant cannot perform “any work or service for which the Participant is reasonably qualified,” and the plan conditioned benefits on proof of disability satisfactory to the claims administrator, defined as “objective medical evidence.” Sedgwick approved long-term disability benefits from 2022 through 2024, when it told her she would have to satisfy the plan’s “any occupation” definition to continue. Sedgwick requested additional medical information from Regulus and her doctors and, when the information it received did not establish that she could not work in any occupation, extended her benefits so she could undergo another examination. The examining physician, Dr. Liana Palacci, concluded that Regulus “should be able to perform sedentary work for any occupation after completing her current course of physical therapy,” and two vocational evaluations identified sedentary occupations in her labor market that fit her background and training. As a result, Sedgwick terminated Regulus’s benefits. On appeal, Regulus submitted additional medical records, and Sedgwick referred the file to two more physicians, Dr. Henry Richardson, board certified in physical medicine and rehabilitation and pain management, and Dr. Sandy Lee, board certified in rheumatology and internal medicine. Both disagreed with her treating providers about her functional impairment, with Dr. Lee citing the “paucity of provider documentation.” Sedgwick told Regulus that it would decide the appeal unless she submitted more information or requested more time, and Regulus said she had no additional information, asked for a decision that day, and waived the 21-day comment period. Sedgwick upheld the termination, and Regulus brought this action against Ascension and Sedgwick, which proceeded to cross-motions for summary judgment. The parties agreed that the plan gave Sedgwick discretionary authority, so the court reviewed the decision for abuse of discretion. The court noted that an administrator may choose between reliable but conflicting medical opinions and may accept reviewing physicians over treating physicians unless the record does not support the denial. The court found that “Sedgwick did what the law commits to claim administrators: It weighed evidence and came to a decision that has support in the record.” Its denial letters detailed the plan’s definition of disability and the records reviewed, which included the examination, the opinions of Drs. Richardson and Lee, the vocational analyses, and more than seventy records from more than forty providers. Each of the three reviewing doctors concluded that Regulus lacked a qualifying disability, and Drs. Richardson and Lee “simply evaluated her disability differently” than her providers did. The court noted that Sedgwick “wasn’t required to favor Regulus’s doctors’ opinions just because they were her treating physicians,” and indeed, “[a] plan administrator may even prefer the opinion of its own consulting physician over that of an applicant’s treating physician.” The court rejected Regulus’s two principal objections. She argued that Sedgwick refused to credit her treating physicians’ opinions as legally sufficient evidence of disability, but the court, relying on its prior analysis, held that Sedgwick and its reviewing doctors acted within their discretion in disagreeing with her providers. Regulus also argued that Sedgwick’s notices violated 29 C.F.R. § 2560.503-1(g) by never telling her what she needed in order to prove that her “constellation of impairments” was disabling. Regulus focused on a nurse case manager’s statement about “the lack of supporting medical information” and on a short excerpt from the June 2024 denial letter. However, the court found that Regulus’s excerpt abridged a lengthy passage in the denial letter that listed the kinds of evidence she could submit on appeal, including provider observations and findings, office visit notes, lab and radiology reports, and therapy notes. Considering all of Sedgwick’s communications, the court found the notice sufficient. As a result, the court granted Ascension and Sedgwick’s motion for summary judgment and dismissed the case with prejudice. The court declined, however, to award Ascension and Sedgwick their requested attorneys’ fees.

ERISA Preemption

Seventh Circuit

Kelly v. NiSource Inc., No. 2:26-CV-00321-GSL-JEM, 2026 WL 3333711 (N.D. Ind. Nov. 3, 2026) (Judge Gretchen S. Lund). David Kelly, a former NiSource executive, alleged that NiSource breached a 2003 contract “executed pursuant to [his] participation in [a] Supplemental Executive Retirement Plan,” under which it agreed to pay “100% of [his] medical benefit insurance.” In January 2026, Kelly’s retiree medical coverage changed, requiring him to pay part of his premiums. In this pro se complaint he seeks to recoup those costs and restore his prior coverage. He attached six exhibits to his complaint, including a “Benefits Comparison” chart stating that “[i]f you retire on or before January 1, 2004, NiSource pays 100% of your medical cost and you pay 0%,” and an unsigned, undated list of his “termination benefits.” He also attached NiSource’s February 2026 letter responding to his claim for restored coverage, which reviewed each document he relied on, explained why none entitled him to additional benefits, and informed him of his right to appeal within 180 days and, afterward, to bring a civil action under ERISA. Kelly brought his action in Indiana state court, and NiSource removed it, arguing that his claims were completely preempted by ERISA because they challenged the terms of NiSource’s ERISA-governed “Post-65 Retiree Medical Plan,” in which Kelly admitted he participates. Kelly’s “Reply to Notice of Removal,” which the court construed as a motion to remand, argued that his “individual medical indemnity agreement” was a separate agreement not governed by ERISA. NiSource moved to dismiss on preemption grounds and for failure to exhaust administrative remedies. Addressing jurisdiction first, the court applied the two-part test of Aetna v. Davila to determine whether complete preemption applied. The first prong asks whether the plaintiff could have brought his claim under § 502(a)(1)(B). Kelly had not attached any separate contract to his pleadings, and his exhibits, read with NiSource’s briefing, suggested a dispute over the range of benefits under the ERISA plan. The benefits chart appeared to be a handout describing estimated costs and coverage options for future retirees, and the court found that the “contractual agreement” in the second exhibit “plainly refers to a group retirement plan.” NiSource’s denial letter reinforced the point, since Kelly had sought to restore his benefits through the plan’s ERISA review procedures and NiSource had addressed his claim under an ERISA framework. The court reached the same result even assuming Kelly had plausibly alleged a separate contract. In Bartholet v. Reishauer A.G. (Zurich), the plaintiff argued that he sought to enforce a contract that was not an employee benefit plan, but the Seventh Circuit held that “[a] suit based on the difference between the pension promised by contract and the pension established by the plan ‘relates to’ the pension plan,” and that while “some courts” treat a contract to enhance benefits as distinct from the plan, the Seventh Circuit “[is] not among them.” The court found “[t]hat logic applies squarely to Plaintiff’s medical plan here.” Under the second Davila prong, the court found no independent legal duty because resolving the claim would require analysis of Kelly’s current benefits, “whether [] benefits were vested, [and] whether NiSource properly administered [Kelly’s] plan.” Furthermore, Kelly was “not attempt[ing] to remedy any violation of a legal duty independent of ERISA.” The claim was thus completely preempted, the court had jurisdiction, and Kelly’s motion to remand was denied. As for NiSource’s motion to dismiss, the court held that exhaustion, though an affirmative defense, may be resolved under Rule 12(b)(6) where the plaintiff’s allegations clearly point to the defense. Kelly did not contest that he failed to appeal the February 2026 denial, as the letter instructed, and he did not allege futility, since the letter promised a full review without “deference to the adverse benefit determination.” The court thus granted NiSource’s motion to dismiss. Noting that Kelly had brought “a garden-variety state law claim” that the court had now converted into an ERISA claim, the court allowed him to amend his complaint.

Eighth Circuit

G.A. v. Health Care Service Corp., No. 1:26-cv-00181-SNLJ, 2026 WL 3319160 (E.D. Mo. Nov. 3, 2026) (Judge Stephen N. Limbaugh, Jr.). G.A., a minor, and his parents, Kevin and Tracey Akers, sued Health Care Service Corporation over the denial of coverage for an emergency air ambulance transport. G.A., who was seven years old at the time, was a passenger in a vehicle struck head-on by an impaired driver who crossed lanes at 90 miles per hour. He was flown from Cape Girardeau, Missouri to St. Louis for treatment of life-threatening injuries. The family was covered by a group health insurance policy provided through Kevin’s employer and administered by Blue Cross and Blue Shield of Texas, which is a subsidiary of defendant. Defendant denied the claim based on an internal determination that air transport was not medically necessary, contrary to the findings of G.A.’s treating providers. Plaintiffs exhausted their internal appeals and then filed this action in state court, asserting claims for breach of contract and vexatious refusal to pay. Defendant removed on the basis of federal question jurisdiction and moved to dismiss the claims as preempted by ERISA. Plaintiffs responded by filing a first amended complaint that asserted the contract and vexatious refusal claims in Count I and a denial of benefits claim under ERISA in Count II. Defendant then moved to dismiss the state law claims in Count I based on ERISA preemption. In this order, the court framed the motion around three questions: whether the policy was an ERISA plan, whether it fell within the ERISA safe harbor, and, if it was a plan outside the safe harbor, whether the state law claims are preempted. However, the court never got past question one because it could not determine whether ERISA preempted Count I. Defendant had submitted a policy with its removal documents, authenticated by a declaration from one of its employees, but plaintiffs disputed that it was the policy at issue and argued that it was incomplete or “silent on a number of significant issues.” (Plaintiffs did not attach a policy to their state court petition or the amended complaint.) The court rejected defendant’s argument that because plaintiffs had pled an ERISA claim in Count II, that counted as an admission that the policy is governed by ERISA. The court noted that plaintiffs added that claim only after defendant moved to dismiss on preemption grounds, and because Count I seeks recovery under state law if the policy is not governed by ERISA while Count II seeks recovery if it is. Because plaintiffs disputed the accuracy of defendant’s policy, factual issues existed which could not be resolved on a motion to dismiss. The court concluded that the preemption issue “is more properly addressed by a motion for summary judgment after the parties have engaged in discovery.” As a result, the court denied defendant’s partial motion to dismiss.

Life Insurance & AD&D Benefit Claims

Fifth Circuit

Richards v. LifePoint Health Welfare Benefits Plan, No. 3:25-CV-3541-X, 2026 WL 3391457 (N.D. Tex. Nov. 6, 2026) (Judge Brantley Starr). Tiffany Richards’s husband began full-time employment with LifePoint and elected life insurance coverage on November 25, 2024. On December 26, 2024, he collapsed, was taken to a hospital, and never returned to work. He died on February 2, 2025. The policy required employees to complete an eligibility waiting period, which ended on the “first of the month following 30 days of continuous, Active Employment.” Lincoln National Life Insurance Company, the policy issuer, denied Richards’s claim because it read the policy to require active employment through the waiting period and any remaining days until coverage began. Because Mr. Richards did not work from December 26 through January 1, when his coverage would have started, Lincoln deemed him ineligible. Richards sued the plan, and the court granted LifePoint’s first motion to dismiss without prejudice. Applying abuse of discretion review, it held that LifePoint prevailed “so long as Lincoln’s interpretation of the Policy is at least on the low end of reasonableness,” and that it was “not unreasonable to conclude that the Policy requires continuous Active Employment for the entire Eligibility Waiting Period.” The court allowed Richards to amend to allege facts showing that Lincoln and LifePoint had treated similarly situated claimants differently, which could amount to an abuse of discretion or a pleading dispute requiring discovery. (Your ERISA Watch covered this ruling in our June 3, 2026, edition.) Richards filed an amended complaint in which she alleged that (1) LifePoint abused its discretion in denying coverage; (2) the deferential standard no longer applied because LifePoint failed to provide required documents and information; and (3) Texas insurance law, which bars discretionary clauses, made the abuse of discretion standard inapplicable. LifePoint moved to dismiss again. In this order the court first addressed ERISA’s claims procedure regulation, 29 C.F.R. § 2560.503-1, which requires a plan to give a claimant, upon request and free of charge, reasonable access to “all documents, records, and other information relevant to the claimant’s claim for benefits.” Under § 2560.503-1(h)(2)(iii) and (m)(8), information is relevant if, among other things, it “demonstrates compliance with the administrative processes and safeguards required pursuant to paragraph (b)(5),” which in turn calls for processes designed to ensure that plan provisions “have been applied consistently with respect to similarly situated claimants.” LifePoint argued that it had to disclose only what Lincoln relied on in making its determination, namely the policy, the plan document, and Mr. Richards’s file, and that it had done so. However, “[t]he Court agrees with Richards.” It reasoned that, having permitted her to amend to allege disparate treatment, it could not fault her for failing to do so when LifePoint “refused to provide her with any information on how it assesses similar claims by other individuals it insures.” In the court’s words, “LifePoint deprived Richards of the information the Court required her to plead and the law entitled her to.” The court therefore denied the motion as to the first and second counts. On the third count, Richards argued that Texas law, which prohibits discretionary clauses in life insurance policies, governed. LifePoint responded that Tennessee law applied, and Tennessee does not bar such clauses. The court agreed with LifePoint. The plan provided that it and each component plan should be construed under ERISA and the law of the state identified in a component plan, or, absent one, Tennessee law. The policy was incorporated by reference into the plan as a component plan, and the administrator relied on, and gave Richards, the document containing the Tennessee choice-of-law provision. The court thus held that Tennessee law applied and that LifePoint’s denial should be reviewed for abuse of discretion, a standard the policy interpretation had already satisfied. The court thus granted in part and denied in part LifePoint’s motion to dismiss, allowing the first and second counts to proceed. The court limited discovery to Richards’s claim that LifePoint treats similarly situated individuals differently for purposes of life insurance claim denials.

Medical Benefit Claims

Seventh Circuit

Robinson v. Health Care Service Corp., No. 1:25-cv-00924-SEB-CSW, 2026 WL 3371861 (S.D. Ind. Nov. 6, 2026) (Judge Sarah Evans Barker). Mona Robinson receives dependent health coverage under AT&T Umbrella Benefit Plan No. 3 through her husband’s former employment with AT&T. Health Care Service Corporation, doing business as Blue Cross and Blue Shield of Illinois (BCBSIL), is the claim administrator for the plan. Robinson’s in-network orthopedic surgeon recommended corrective surgery at North Meridian Surgery Center, where he practices and is a part owner. Before the surgery, the surgeon’s office and North Meridian sought prior authorization from BCBSIL, and Robinson alleged that she and North Meridian, on her behalf, asked to confirm that North Meridian was in her network and that North Meridian said it was. She had the surgery in May 2023. However, about six weeks later, BCBSIL told her that “[d]ue to the high dollar charges on th[e] claim,” “pre-payment review would be required,” and in July 2023 it declined coverage, explaining that the policy allows benefits only for services from Blue High-Performance Network providers and that benefits are “not guarantee[d]” when a claim is “submitted with only a PPO, Alternate network or Participating provider classification[.]” BCBSIL upheld the denial in November 2023, leaving Robinson responsible for $105,121.03. Robinson sued BCBSIL and the AT&T plan under ERISA, alleging that BCBSIL breached its fiduciary duty by preauthorizing an out-of-network surgery, and that BCBSIL and the plan breached the plan’s terms by refusing to pay benefits. BCBSIL moved to dismiss, arguing that Robinson improperly invoked § 1132(a)(3) to challenge a benefits denial that can proceed only under § 1132(a)(1)(B), and that it was not a proper defendant under § 1132(a)(1)(B). The plan moved to dismiss on grounds that mirrored BCBSIL’s, contending that Robinson failed to plead plan terms entitling her to benefits and that she could not assert a fiduciary breach claim against the plan. On the § 1132(a)(1)(B) benefits claim, the court granted BCBSIL’s motion because a claim for benefits “must be brought against the party having the obligation to pay the benefits,” and Robinson conceded that the plan, as a self-insured plan, is the proper defendant. The claim survived against the plan because Robinson alleged that the plan covers outpatient surgical services by an in-network surgeon whether or not the facility is in network. The plan language she cited, a list of covered outpatient services, offered “weak support at best,” but it was sufficient to plausibly state a claim. The plan argued that Robinson relied on the terms of a component program that did not apply to her, but this information, even if it “might ultimately prove fatal,” was outside the complaint and could not be considered. As for the fiduciary breach claim, the court dismissed it as applied to the plan. The amended complaint alleged no facts showing what the plan itself did or failed to do. Robinson argued that the plan is vicariously liable because its terms treat a third-party administrator’s actions as “an action by the Plan Administrator,” but the plan administrator, AT&T Services, Inc., was not a party. However, the court let Robinson’s fiduciary breach claim proceed against BCBSIL. Robinson plausibly alleged that BCBSIL misled her into believing the surgery would be covered by preauthorizing it without giving her complete and accurate information about her coverage, including whether North Meridian was in network. BCBSIL argued that the plan’s terms informed her that preauthorization does not guarantee coverage, but the pleadings did not identify the particular benefit program at issue, so the court could not resolve that argument. It also found unavailing BCBSIL’s argument that Robinson did not rely on any statements from BCBSIL, and instead relied on statements from her physicians, regarding whether they were in-network, as her allegations supported a reasonable inference that both she and North Meridian contacted BCBSIL. The court concluding by noting “‘[t]he more difficult [lurking] question’ of whether Ms. Robinson ‘may obtain meaningful relief’ on the theories of liability she has asserted in this case.” As for now, “her complaint is sufficient, even if barely, to survive Defendants’ pleading challenges.”

Pension Benefit Claims

Ninth Circuit

Berkeley v. Intel Corp., No. 5:23-cv-00343-EJD, 2026 WL 3322772 (N.D. Cal. Nov. 3, 2026) (Judge Edward J. Davila). Gregg Berkeley brought this class action against Intel Corporation and the Administrative Committee of the Intel Minimum Pension Plan, alleging that the plan used unreasonable actuarial assumptions when converting single life annuities to joint and survivor annuities. He claimed that the conversions, which relied on the GAM-83 mortality table and PBGC interest rates, violated the joint and survivor annuity requirements of 29 U.S.C. § 1055, the anti-forfeiture rule of 29 U.S.C. § 1053, and the committee’s fiduciary duty to the class. In April 2026, the court granted summary judgment to the defendants on all claims. On the § 1055 claim, it held that the evidence did not show that a “‘reasonableness’ requirement may be inferred from the ordinary meaning of ‘actuarial equivalent,’ from congressional intent, or from Department of Treasury regulations.” It then rejected the § 1053 claim for the same reasons, observing that although forfeiture claims are not always derivative of actuarial equivalence claims, Berkeley relied on the same theory for both, namely that the plan unlawfully decreased the value of his benefits by applying unreasonable actuarial assumptions in violation of § 1055. (Your ERISA Watch covered this ruling in our April 15, 2026, edition.) Berkeley moved under Rule 59(e) to alter or amend the judgment, challenging only the § 1053 ruling. The court noted that Rule 59(e) relief is “an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources,” and generally available only to correct manifest errors of law or fact, to present newly discovered evidence, to prevent manifest injustice, or in light of an intervening change in controlling law. Berkeley argued that the court committed clear error in finding that his § 1053 claim relied on the same actuarial equivalence theory as his § 1055 claim, contending that the § 1053 claim instead rested on the statutory guarantee that an employee’s “normal retirement benefit” is nonforfeitable at normal retirement age. The court rejected the argument for several reasons. At the outset, it was not new, because Berkeley had argued in opposing summary judgment that the forfeiture provision does not turn on an interpretation of actuarial equivalence, and the court had considered and rejected it based on the complaint. The court pointed to three provisions in the complaint that supported its ruling. First, the complaint repeatedly alleged that the defendants violated § 1053 by failing to provide “actuarially equivalent” benefits, including allegations that paying less than the actuarial equivalent of an accrued benefit is an illegal forfeiture. Second, the complaint’s introductory allegations treated the two claims as resting on the same theory, asserting that the plan’s outdated mortality table violated both provisions, and its § 1053 count incorporated the reasons “explained above” in the § 1055 section. Third, although the complaint quoted the “normal retirement benefit” language, Berkeley did not actually invoke it, and the very next allegations asserted forfeiture based on “adjustments in excess of reasonable actuarial reductions.” His summary judgment opposition likewise cited the language only briefly before returning to the argument that the actuarial adjustment to his normal retirement benefit was “unreasonable.” The court also rejected Berkeley’s new argument that it should not have considered 26 C.F.R. § 1.401(a)-11(b)(2) in analyzing § 1053, because his complaint relied on that regulation for both claims. The court thus denied Berkeley’s motion to alter or amend the judgment. Given the recent decisions from the Sixth and Eleventh Circuits that disagreed with the district court’s rulings in this case (neither of which were mentioned in this order), Your ERISA Watch expects an appeal to the Ninth Circuit.

Retaliation Claims

Sixth Circuit

Rankin v. Coulter Ventures, LLC, No. 2:25-cv-1334, 2026 WL 3319382 (S.D. Ohio Nov. 3, 2026) (Judge Douglas R. Cole). Rayshawn Rankin worked briefly for Rogue Fitness (the public-facing name of Coulter Ventures, LLC). Hired in August 2024, he was injured on the job ten days later, and Rogue fired him on October 23, 2024, citing attendance issues, after he allegedly was assigned tasks beyond his medical restrictions and was told that Rogue would “ask [him] to resign” if he needed surgery. Rankin alleged that he communicated his health insurance elections to Rogue’s HR staff in person, that Rogue never implemented them, and that it never told him of the failure or gave him a chance to elect again. Rogue’s HR director stated in a declaration that Rankin made no elections within the 30-day enrollment window. Rankin thus brought this pro se action, asserting five claims, the majority of which arose under the ADA. His fifth claim asserted a claim of interference with benefits under ERISA § 510. Rogue moved for summary judgment on all five, arguing that the four non-ERISA claims were untimely because Rankin’s complaint was docketed more than 90 days after his right-to-sue notice, and that the § 510 claim failed on the merits. The court denied the motion as to the non-ERISA claims, holding them timely because the 90-day period was tolled while Rankin’s motion to proceed in forma pauperis was pending, including the short interval in which he submitted a revised motion in response to the court’s deficiency order. On the § 510 claim, Rogue argued that Rankin had not created a triable issue on the “purpose of interfering” element of his claim, and that he never timely elected to participate in Rogue’s benefit programs. The court said Rogue’s argument “may turn out to be correct,” but concluded that summary judgment was premature because there had been no discovery – which had been stayed – on the claim. The court recognized that Rule 56(d) ordinarily requires an affidavit or declaration explaining why the nonmovant cannot present facts essential to oppose the motion, and Rankin’s declaration did not do so. But courts are more forgiving where a party has clearly explained its need for discovery elsewhere, and in his brief Rankin explained that he had not yet had discovery and that “[i]nternal communications, policies, and training materials” bearing on his claim remained in Rogue’s control. As for Rogue’s position that Rankin never properly enrolled in benefits, that issue also required at least some discovery, and Rankin, who is pro se, said he had relied on HR staff who led him to believe his elections were complete. Whether Rogue’s failure to enroll him was motivated by a purpose of interfering with his rights would depend on what the internal communications, policies, and training materials showed. As a result, the court denied Rogue’s motion for summary judgment, without prejudice to renewal once adequate discovery has occurred.

Class actions were the theme this week, as three wrapped up (Allison v. Republic Mortgage, Halter v. Providence, and Schuman v. Microchip), and fees were awarded in another (Bailey v. Sedgwick). The Schuman final approval is especially notable, as that case was filed in 2016 and has had several twists and turns, including a trip to the Ninth Circuit resulting in a published opinion establishing a new test for evaluating the enforceability of ERISA releases.

Other than that, it was a fairly slow week; everyone was likely too busy voting. See below for cases involving John Deere’s allegedly mendacious severance plan (Ahmed v. Deere), preemption of provider claims (Riverside v. Apex), and a doomed life insurance claim (Strawson v. Transport Labor), among others. We’ll be back next week.

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Class Actions

Fourth Circuit

Allison v. Republic Mortgage Ins. Co., No. 1:24-CV-950, 2026 WL 3300765 (M.D.N.C. Nov. 2, 2026); Allison v. Republic Mortgage Ins. Co., No. 1:24-CV-950, 2026 WL 3306356 (M.D.N.C. Nov. 2, 2026) (Judge Catherine C. Eagles). Matt Allison, a former employee of Republic Mortgage Insurance Company, participated in the company’s ERISA-governed defined contribution profit sharing plan. The plan’s guaranteed interest account (GIA) was its sole capital preservation option. Allison had his entire account in the GIA and suffered a loss of about nine percent around January 2024. He alleged that Republic Mortgage failed to prudently monitor the plan’s investment in the GIA, certified false and misleading statements about the risk of loss, and failed to act to avoid a $1.3 million loss of principal, even though it should have anticipated a market value adjustment as the phased shutdown of its mortgage insurance business approached. He sued under 29 U.S.C. §§ 1109 and 1132(a). After a denied motion to dismiss, discovery, and an all-day mediation before a retired federal judge who specializes in ERISA cases (unnamed in the decision), the parties reached a $650,000 settlement on the basis of a non-opt-out class under Rule 23(b)(1). The court preliminarily approved that settlement, but soon after Allison moved for final approval, the Fourth Circuit decided Trauernicht v. Genworth Financial Inc. (Your ERISA Watch’s case of the week in our March 18, 2026, edition), which “undermin[ed] use of Rule 23(b)(1) in this kind of case.” After discussion with the court, the parties renegotiated and amended the settlement to substitute a Rule 23(b)(3) class. The court preliminarily approved the amended settlement on July 1, 2026, held a final fairness hearing on October 16, 2026, and in these two orders it granted final approval and awarded fees, costs, and a service award. In the final approval order, the court certified a settlement class of participants whose account balances were reduced by the market value adjustment to the GIA in or around January 2024, along with their beneficiaries and alternate payees. The class, identified from Republic Mortgage’s records, had 100 members, which satisfied ascertainability and numerosity, since a class of 40 or more is presumptively too numerous for joinder. Commonality rested on shared questions such as whether Republic Mortgage was a fiduciary and whether it failed to adequately monitor the GIA, typicality on the same alleged breach of fiduciary duty, and adequacy on the absence of conflicts. Predominance and superiority were satisfied because the claims arose from “a single course of conduct about a single investment option that was subject to a single market value adjustment,” and while damages would be calculated individually, the method of calculation was common. The court found the settlement fair under the Fourth Circuit’s four factors from Berry v. Schulman. Republic Mortgage had produced thousands of pages of written discovery, and plaintiff’s counsel testified that before mediation they “had a thorough understanding of the claims’ strengths and vulnerabilities.” The court saw “no evidence or indication of collusion.” The court noted that the settlement recoups up to 50 percent of calculated class-wide damages, liability was contested, the claim had novel aspects, and counsel testified without contradiction that a 50 percent recovery in an ERISA breach of fiduciary duty case is “an excellent outcome.” An independent fiduciary had also approved the settlement on behalf of the plan. Notice reached 97 of the 100 class members, no one objected, and one class member opted out. (His letter was postmarked September 1, one day after the August 31 deadline, but the court treated it as timely because he “likely put the letter in the mail on August 31, 2026” and the delay caused no administrative problems.) The pro rata plan of allocation, which multiplies the net settlement amount by the percentage of each account invested in the GIA at the time of the adjustment, “goes well beyond” the standard that an allocation have a reasonable and rational basis. The court found the notice sufficient and the Class Action Fairness Act’s waiting period satisfied. As a result, the settlement received final approval. In the fee order, the court explained that district courts in the circuit “overwhelmingly apply” the percentage of the fund method, with a lodestar cross-check using national market rates for complex ERISA class actions. Here class counsel sought $214,450, one third of the fund, after reducing the original $216,450 request by $2,000 to account for the opt-out. The court found the fee reasonable because ERISA litigation is a “rapidly evolving and demanding area of law,” counsel worked on contingency, one third is customary for comparable matters, and the class recovered half its estimated damages. The lodestar was $97,404, producing a multiplier of about 2.2, which the court called “a relatively low multiplier,” within the 2 to 4.5 range that courts generally find reasonable. The court found reasonable the $11,835 charged by the settlement administrator, Atticus, and up to $25,000 for the independent fiduciary, Fiduciary Counselors. It approved the $10,000 service award because Allison started the litigation, provided documents, reviewed both complaints, and took off work and flew to Minneapolis at his own expense for the mediation, and the award was small relative to the class recovery. As a result, the settlement was accepted and the action was dismissed with prejudice.

Sixth Circuit

Bailey v. Sedgwick Claims Management Services, Inc., No. 2:24-cv-02749-TLP-tmp, 2026 WL 3306377 (W.D. Tenn. Nov. 2, 2026) (Judge Thomas L. Parker). Korine Bailey sued Sedgwick Claims Management Services, Inc. on behalf of a putative class under ERISA to recoup the costs of tobacco surcharges in Sedgwick’s employee health plan. The parties settled for a non-reversionary $3 million gross amount to be paid into a qualified settlement fund on behalf of more than 5,000 employees who paid tobacco or nicotine surcharges. The court has already granted both preliminary and final approval of the settlement. After deducting attorneys’ fees, litigation costs, and any case contribution award, the net settlement amount will be distributed automatically to class members pro rata based on the surcharges each paid during the class period. In this motion Bailey moved, unopposed, for attorneys’ fees of one third of the gross settlement amount, litigation costs of $18,485.37, and a case contribution award of up to $7,500. The court began with Rule 23(h) and the common fund doctrine, under which a lawyer who recovers a fund for others “is entitled to a reasonable attorney’s fee from the fund as a whole.” Under Sixth Circuit authority, the court explained that it could choose between the lodestar and percentage of the fund methods, and the court adopted the percentage method here because it was easy to calculate, gave counsel reasonable expectations, and encouraged early settlement. It was not concerned that the method pushed counsel to settle too low, since one third of $3 million is still substantial, and district courts in the circuit often award a third of the gross amount in large class settlements. The court then tested reasonableness under the six factors from Ramey v. Cincinnati Enquirer, Inc. The value of the benefit to the class, “the most important” factor, favored approval because the settlement provides about 24 percent of estimated class-wide damages, which “compares favorably with recoveries in other ERISA class action settlements.” Society’s stake in rewarding attorneys, the contingent nature of the work, the complexity of the litigation, and the skill of counsel also supported the fee. On complexity, the court noted counsel’s representation that when the case was filed, “there was little controlling appellate authority interpreting the ‘full reward’ requirement” and several courts had dismissed materially similar claims. As a lodestar cross-check on the hourly value of the services, class counsel reported about 424 hours and a lodestar of $339,289.50 at a blended rate of $800.21, which the court found reasonable. The requested fee therefore produced a multiplier of about 2.95, which fell within the normal range and aligned with a typical one-third contingency award. The court also approved the requested litigation costs under the common fund doctrine and Rule 23(h), finding $19,733.02 reasonable. As for Bailey’s case contribution award, the court recognized that such awards encourage class representatives and reward their efforts. The court examined the following factors: the actions taken to protect the class, the financial risk assumed, and the time and effort spent. Here, Bailey reviewed pleadings, gathered documents, communicated with counsel, and took part in settlement discussions. The $7,500 award is only 0.25 percent of the gross settlement amount and was not a windfall, and the court found that the settlement “would not be possible without [her] direct participation.” As a result, the court granted the unopposed motion for attorneys’ fees, costs, and a case contribution award.

Ninth Circuit

Halter v. Providence Health & Services, No. 2:25-cv-00210-JNW, 2026 WL 3228564 (W.D. Wash. Oct. 21, 2026) (Judge Jamal N. Whitehead). Victoria Halter brought this putative class action on behalf of the Providence Health & Services 401(k) Savings Plan, and similarly situated participants and beneficiaries, against Providence Health & Services and its Total Rewards Management Committee. Halter contended that defendants breached their fiduciary duties under ERISA by using forfeited employer contributions to reduce Providence’s contributions to the plan instead of using them to pay plan expenses. As we detailed in our June 10, 2026, edition, the court preliminarily approved a $42.7 million class settlement on June 4. A fairness hearing was subsequently held on October 20, 2026, and this order was issued the next day. In its order the court certified a settlement class under Rules 23(a) and (b)(1) consisting of all participants or beneficiaries of the plan, including alternate payees, from January 1, 2018, through June 4, 2026. The court found that the Rule 23(a) requirements were met, and that Rule 23(b)(1) was satisfied because separate actions by individual class members would risk inconsistent adjudications that would establish incompatible standards of conduct for the defendants, or adjudications that as a practical matter would dispose of the interests of absent members. The court appointed Halter as class representative and found that class counsel could fairly and adequately represent the class under Rule 23(g). The court found that notice satisfied Rule 23(c)(2) and (e) and due process. Individual notice went by email or first-class mail to class members who could be identified with reasonable effort, together with a settlement website, which was “the best notice practicable under the circumstances.” Notice under the Class Action Fairness Act was also given to the state attorneys general, the United States Attorney General, and the Secretary of Labor. Under Rule 23(e), the court found the settlement fair, reasonable, and adequate. It resulted from arm’s-length negotiations by experienced counsel overseen by a neutral mediator and was reached only after class counsel received pertinent information and documents from defendants, so the parties were well positioned to evaluate the case. The court weighed the expense, risk, and uncertainty of extended litigation against the settlement amount, which fell within the range of reasonable settlements given the nature of the claims, the potential recovery, the risks of litigation, and approved settlements in similar cases. There were no objections, and the settlement was reviewed and approved on behalf of the plan by an independent fiduciary, Fiduciary Counselors. The court finally approved the plan of allocation and gave the settlement administrator final authority to determine each class member’s share of the net cash fund and unallocated plan assets. The court retained jurisdiction to enforce and interpret the order and the settlement agreement. Halter’s motion for attorneys’ fees and costs, settlement administration expenses, and a service award were also granted, although the order did not state the amounts. The court thus gave the settlement final approval, entered judgment on all claims, counts, and causes of action, and ended the litigation.

Schuman v. Microchip Technology Inc., No. 16-cv-05544-HSG, 2026 WL 3257801 (N.D. Cal. Oct. 28, 2026) (Judge Haywood S. Gilliam, Jr.). This decade-old ERISA class action involves former employees of Atmel Corporation who were terminated by Microchip Technology Incorporated after the 2016 closing of the Atmel-Microchip merger. The certified class includes all former U.S.-based Atmel employees who were employed on the closing date and were terminated by Microchip without cause between April 4, 2016, and March 19, 2017. The litigation has involved multiple dispositive motions, class certification proceedings, and an appeal to the Ninth Circuit (which was the case of the week in our June 11, 2025, edition). On remand, the district court denied defendants’ motions to decertify the class and reopen discovery (as we covered in our June 10, 2026, edition). With a July trial date looming, the parties reached a settlement. The court preliminarily approved the agreement (as discussed in our August 12, 2026, edition), held a final fairness hearing on October 15, 2026, and in this order it considered the motion for final approval and a motion for attorneys’ fees, costs, and service awards. The court incorporated its Rule 23(a) and (b) analysis from its preliminary approval order and turned to Rule 23(e). The court reviewed the agreement for signs of collusion and found that nothing had changed from preliminary approval. The settlement was non-reversionary and the majority of its value would go to the class notwithstanding any clear sailing provision on fees. Furthermore, notice was adequate. Class counsel had been in contact with 213 of the 220 class members, including representatives of three deceased members’ heirs or estates, and 198 members had already submitted the IRS forms needed for payment. No class member objected, and only one opted out. Class counsel had prosecuted the case vigorously for a decade and had enough information to make an informed decision, and a settlement reached on the eve of trial by experienced counsel after a decade of litigation was negotiated at arm’s length. As for the amount, the court found that “[t]here is no question here that the relief provided is adequate.” The five class members who did not sign releases will receive 100 percent of their unpaid severance benefits plus nearly a decade of prejudgment interest, which the court said is “more than what the class members would have been guaranteed to receive if they had prevailed on all issues at trial,” since prejudgment interest is discretionary. Class members who signed releases will receive amounts “just 20% less than the most they might have recovered had they prevailed on all issues.” In total, including interest, the settlement is worth more than $9 million, with an average payout of roughly $43,000 and individual payments from about $5,881 to $136,628. Continued litigation would likely have lasted years and required addressing the Ninth Circuit’s new multi-factor test for the enforceability of the releases, and the court had left open the possibility of revisiting whether common issues continued to predominate. The larger recovery for those who signed releases was equitable because “[t]he enforceability of the releases was a critical issue in the case, and could have precluded any further recovery for those Class Members had the case continued.” The lack of any objections to the settlement also supported approval. As for fees, class counsel sought $3.5 million, separate from the class’s recovery. Applying the Ninth Circuit’s “two-step hybrid lodestar/multiplier approach,” the court found that three firms had spent 3,823 hours over nearly ten years for a lodestar of more than $3.9 million, at rates from $640 to $1,465, with a “modest” $13,897 in costs. The court thus found plaintiffs’ request to be reasonable. The court also approved $10,000 service awards for the two named plaintiffs, which was less than a quarter of the average class member recovery and reflected “extensive time…over the course of many years, sitting for depositions and responding to extensive discovery.” As a result, the court gave the settlement final approval, and the case is now finally at an end.

Disability Benefit Claims

Second Circuit

Melo v. Metropolitan Life Ins. Co., No. 25-cv-3813 (LAK), 2026 WL 3217289 (S.D.N.Y. Oct. 27, 2026) (Judge Lewis A. Kaplan). Luciana Melo, a former Google employee, stopped working after January 3, 2023, and was awarded benefits under Google’s ERISA-governed long-term disability benefit plan, which is administered by Metropolitan Life Insurance Company. Under the plan, her monthly benefit was 65 percent of her “Predisability Earnings.” Earnings are based on the employee’s “annualized hourly rate as of [the employee’s] last day of Active Work before…Disability,” and they exclude tips, awards, bonuses, overtime pay, stock options, employer contributions to deferred compensation or pension plans, and “any other compensation from the [employer].” On her last day of work, Melo was paid $44.83 per hour, or $7,770.53 per month, so she was awarded a monthly benefit of $5,050.84. Melo subsequently brought this action pro se against both Google and MetLife under ERISA § 502(a)(1)(B), challenging how her benefit was calculated. The defendants jointly moved for summary judgment, and this order was the result. Melo first argued that her benefit should have been based on her “total gross earnings for 2022” of $116,999.26, which MetLife should have divided by twelve. The court rejected the theory on several grounds. The 2022 pay records included categories of compensation, such as overtime and bonus pay, that the plan expressly excludes. Melo herself alleged that her last day of work was January 3, 2023, which made that date, “not any date in 2022,” the relevant starting point. Even if her last day of active work had been in 2022, her pay records did not show a higher hourly rate in 2022 than she earned on January 3, 2023. As a result, the record did not support a finding that MetLife miscalculated her predisability earnings. Melo next argued that her benefit was reduced by an improper amount after she returned to work. Under the plan, a returning employee’s monthly benefit is not reduced “except to the extent” that the benefit plus the amount the employee “earn[s] from working” exceeds 100 percent of Predisability Earnings. Melo began working for the New York City Department of Education in September 2024, and MetLife determined from her employment records and pay stubs that she earned $3,779.36 in September and $5,399.08 in October. Combined with her $5,050.84 benefit, those earnings exceeded her $7,770.53 in predisability earnings, and thus MetLife informed her that she had been overpaid $3,739.06. Melo contended that it was “inaccurate to attribute a full month of earnings” to the excess earnings calculation because she began work in the middle of the month, on September 17. The court found that “[t]he plain text of the Plan reveals no basis for such an argument,” since the benefit was reduced by what she actually earned that month, and “[w]hether she began work on September 1 or September 30 is irrelevant.” In short, Melo’s benefit calculation claims “are refuted by basic math and the plain text of the Plan.” The court granted defendants’ joint motion for summary judgment and dismissed the complaint with prejudice.

Exhaustion of Administrative Remedies

Third Circuit

Thompson v. Command Alkon Inc., No. 22-344, 2026 WL 3229175 (E.D. Pa. Oct. 28, 2026) (Judge Harvey Bartle III). Nancy E. Thompson was the office manager and controller of Libra Systems, Inc. when Command Alkon Incorporated acquired Libra in 2020. Because Libra’s co-owners insisted that she have an employment contract in connection with the sale, Thompson and Libra signed a written agreement on the same day of the purchase, with both sides represented by counsel. The agreement provided for five years of employment and described itself as an “unfunded top hat plan [under] ERISA.” It allowed Thompson to resign for “good reason,” defined to include “a material and unreasonable diminution in [her] duties, authority, or responsibility” without her consent, in which case she would receive severance payments for the remainder of the term, conditioned on 30 days’ written notice and an opportunity to cure. Libra’s rights under the agreement were assigned to Command Alkon. Claims for severance were subject to procedures set forth in an exhibit to the agreement, which required a written denial within 90 days, allowed an appeal to the plan administrator within 60 days of the denial, and required suit within 90 days after an adverse appeal decision. On July 19, 2021, Thompson sent Command Alkon notice of good reason for her resignation. Command Alkon’s associate general counsel denied the claim by letter on August 4, 2021, stating that Command Alkon “disagree[d] that there has been a material and unreasonable diminution in [plaintiff’s] duties, authority, or responsibility under the agreement.” The letter did not describe the plan’s review procedures or deadlines. After Thompson resigned on August 19, her lawyer wrote on August 21 that she was entitled to $467,726 and would pursue her remedies under Pennsylvania wage law. Command Alkon then again rejected her claim in letters of August 26 and October 5. Thompson sued in state court, and Command Alkon removed the case to federal court. The judge originally assigned to the case (Gene E.K. Pratter) held in 2023 that ERISA preempted Thompson’s state law claims. (Your ERISA Watch covered this decision in our May 31, 2023, edition.) In response, Thompson amended her complaint to assert a claim for severance benefits against the plan under § 502(a)(1)(B) (Count I) and a claim against Command Alkon for equitable relief to enforce the agreement under § 502(a)(3)(B)(ii) (Count II). Judge Pratter passed away in 2024, and the case was eventually reassigned to Judge Bartle. The parties cross-moved for summary judgment, and Judge Bartle resolved the motions in this order. Command Alkon first argued that Thompson failed to exhaust her appeals under the agreement. The court acknowledged that a claimant generally must exhaust administrative remedies before suing for ERISA benefits, and found that no exceptions, such as futility, applied. Thompson contended that she was not required to appeal because the denial letter did not tell her about the appeal procedures, which both the agreement and ERISA’s claims regulations require a denial notice to include. The court agreed with Thompson, relying on two Third Circuit decisions, one of which (Epright v. Environmental Resources Management, Inc.) stated that when a denial letter “does not explain the proper steps for pursuing review of the termination or denial, the Plan’s time bar for such a review is not triggered.” The court rejected Command Alkon’s argument that Thompson knew of the requirements regardless of whether she was specifically informed, holding that the Third Circuit’s decisions “reject the notion that the court should make an individualized determination whether a claimant had actual or constructive knowledge” of omitted information, since “[t]he fairest and easiest way” to inform claimants of their appeal rights is through the denial letter. Next, the court rejected Command Alkon’s argument that Thompson’s failure to sign and deliver a release, which was “a condition precedent to her entitlement to severance payments,” defeated her claim: “This argument is without merit. Plaintiff has produced evidence that she resigned for good reason and was improperly denied severance benefits. If proven, plaintiff had no obligation to sign a release.” As a result, the court moved on to the merits, which it could not resolve on summary judgment: “There are genuine disputes of material fact as to whether plaintiff terminated her employment for good reason and is therefore entitled to severance payments.” The case will thus be tried to the court at a later date.

Life Insurance & AD&D Benefit Claims

Seventh Circuit

Strawson v. Transport Labor Contract/Leasing Inc., No. 24-CV-06158, 2026 WL 3257583 (N.D. Ill. Oct. 29, 2026) (Judge John J. Tharp, Jr.). William Strawson worked for Transport Labor Contract/Leasing Inc. (TLC), which offered its employees supplemental life insurance administered by Metropolitan Life Insurance Company. William had $100,000 in coverage and named his wife, Ann Strawson, as a beneficiary. He fell ill in March 2023 and stopped working by April 3, 2023 to receive medical treatment. According to Ann, TLC kept paying vacation days, let him keep a company work truck until July 2023, continued his medical, dental, and vision coverage, and kept issuing pay stubs and deducting life insurance premiums from his pay through June 2, 2023. William died on August 23, 2023. TLC initially sent Ann a claim form, but later informed Ann that William’s coverage had ended; MetLife denied the claim on the same ground. TLC returned the premiums that had been deducted, and MetLife denied Ann’s appeal. Ann thus brought this action against TLC and MetLife for benefits under ERISA § 502(a)(1)(B), and also asserted ERISA estoppel and an FMLA interference claim against TLC. Defendants moved to dismiss. Because the plan gave MetLife discretionary authority to interpret the plan, the court reviewed the denial under the arbitrary and capricious standard. Under the plan’s “Date Your Insurance Ends” section, coverage ended when employment ended, which occurred when the employee ceased to be “Actively at Work,” which was defined as performing the usual duties of the job full time, at least 30 hours a week. The plan also contained a “Continuation of Insurance with Premium Payment” section, which extended coverage for up to three months for employees who ceased active work due to sickness, after which employment was considered to end if the employee did not return. Reading the provisions together, the court concluded that William ceased to be actively at work on April 3, his coverage continued for three months, and it expired by July 2, 2023, before his death. Ann’s arguments to the contrary were unsuccessful. She relied first on the plan’s Family and Medical Leave clause, but the court found that the clause says only that certain leaves “may qualify” for continuation of insurance under the FMLA or similar laws and did not independently extend coverage. In any event, Ann did not allege that William took FMLA leave or any other legally mandated leave. Ann also cited the plan’s porting and conversion options, “but these provisions do not affect the date that insurance coverage ends, and Ms. Strawson does not allege that Mr. Strawson exercised any of these options.” Ann further contended that William was “treated…as a[n] active employee” by TLC, but the court stated that the plan “is governed by objective terms, not by the parties’ subjective views or by phrases that are not used in the Plan.” (The plan used the defined term “active work,” not “active employee.”) Furthermore, the work truck that TLC let William keep had no bearing on the definition of “active work,” and neither did the continued medical coverage or premium deductions. As a result, MetLife’s denial was not arbitrary and capricious. The estoppel claim also failed. The court noted that statements can estop enforcement of a plan’s written terms only in “extreme circumstances,” and require knowing written misrepresentation, reasonable reliance, and detriment. The court declined to treat the premium deductions as clerical errors at the pleading stage, but deductions for roughly two months after William stopped working did not constitute “extreme circumstances.” Many of the representations alleged by Ann were not written, others were made after William’s death and could not have been relied upon, and “no reliance alleged here could be reasonable, because the written details of the plan already explained the duration of coverage.” Finally, on the FMLA claim, Ann alleged that TLC never gave William an eligibility notice. However, her theory that he would then have investigated his life insurance and obtained a personal policy was a “highly attenuated chain of prejudice” that was “far too speculative” and “has nothing to do with the structure of Mr. Strawson’s leave.” The court thus granted defendants’ motion to dismiss, and because “repleading will not cure the flaws in the amended complaint, the dismissal is with prejudice.”

Provider Claims

Ninth Circuit

Riverside Healthcare System, L.P. v. Apex Management Group I, Inc., No. 5:24-cv-00273-MRA-DTB, 2026 WL 3270515 (C.D. Cal. Oct. 30, 2026) (Judge Monica Ramirez Almadani). Riverside Healthcare System, L.P. treated a motorcyclist injured in a 2019 vehicle collision and billed $1,995,262 for his care. The patient was covered by a self-funded ERISA plan sponsored by Apex Management Group I, Inc. and Analytic Alternative, LLC, which contained a $2,500 combined calendar year maximum for certain services. Riverside participated in MultiPlan, Inc.’s preferred provider organization network under a Participating Facility Agreement (PFA). Riverside alleges that after MultiPlan cited the coverage limit, the parties negotiated a compromise. MultiPlan sent Riverside a single case agreement (SCA), which Riverside signed. However, no other party signed it (there was no space for other signatures), and in December 2019 Riverside was told it would receive only $2,500. Riverside sued Apex, Analytic, and MultiPlan in state court in 2023, and defendants removed the case to federal court. Riverside’s first amended complaint asserted claims for breach of written contract, breach of the implied covenant of good faith and fair dealing, unfair competition, intentional and negligent misrepresentation, tortious interference, and declaratory relief. The court dismissed the unfair competition claim for failure to plead the lack of an adequate remedy at law and the misrepresentation claims as time-barred, and it granted leave to amend. Riverside did not amend within the allowed time limit. Several months later the parties filed dueling motions, which were decided in this order. Riverside sought leave to amend add two claims for breach of warranty of authority against MultiPlan, and defendants moved for summary judgment on the remaining claims, arguing that ERISA preempted them. The court first held that the claims were not completely preempted. Under Aetna v. Davila’s two-prong test, the first prong failed because Riverside was neither a participant nor a beneficiary and could not have sued under § 502(a)(1)(B). The second prong failed because Riverside’s claims arose from MultiPlan’s alleged breaches of the PFA and SCA, “two contracts separate from the Plan between two non-ERISA entities.” However, even though complete preemption did not apply, the court held that conflict preemption did. The court ruled that the PFA and SCA both “referred to” and had an impermissible “connection with” the benefit plan. The agreements expressly invoked the plan’s terms and limited any rights Riverside could enforce. The PFA covered only “Covered Services” for which the insurer was responsible under a program’s terms, and the SCA made payment subject to the patient’s benefit plan. Riverside argued that the Affordable Care Act’s ban on annual coverage limits overrode the $2,500 cap, “[b]ut accepting that argument would require the Court to determine whether the coverage limit is lawful in order to decide whether Riverside’s claims depend on the Plan. This searching inquiry into the terms of the Plan is directly contrary to Congress’s intent that ERISA provide for exclusive federal review.” Furthermore, Riverside’s claims had an impermissible “connection with” the plan because they would “interfere with nationally uniform plan administration,” since insurers would be bound by ad hoc contracts between providers and third parties like MultiPlan rather than by plan terms. The court rejected Riverside’s argument that the ACA, not state contract law, made the limit unlawful, because that “conflates the asserted basis for challenging the limit with the legal mechanism through which Riverside seeks to recover.” It was not dispositive that the claims concerned a plan-provider relationship that ERISA does not itself govern. The court chided Riverside for its untimely negligent misrepresentation claims: “Had Riverside timely asserted those claims, they could have provided an avenue to litigate its allegations on the merits.” As for Riverside’s motion for leave to amend, it failed under Rule 16. The pleading amendment deadline had passed in June of 2025, and Riverside did not show that it was diligent. It argued that it learned of MultiPlan’s lack of authority from a corporate representative’s August 2025 deposition, but the court found that Apex “blatantly signaled in its answer” that it had not authorized MultiPlan to bind it, and MultiPlan’s answer likewise denied acting as Apex’s agent. The court thus granted defendants’ motions for summary judgment on all of Riverside’s claims and denied Riverside’s motion for leave to amend.

Severance Benefit Claims

Seventh Circuit

Ahmed v. Deere & Co., No. 4:26-cv-04114-SLD-RLH, 2026 WL 3306360 (C.D. Ill. Nov. 2, 2026) (Judge Sara Darrow). Tauseef Ahmed and Anthony Catalfano, longtime Deere & Company employees, allege that Deere used a performance review system to push them out of their jobs without paying them severance benefits to which they were entitled. In the summer of 2024, Deere eliminated nearly 500 salaried positions in Iowa and Illinois in a reduction in force it called “Mozart” and sponsored a severance program for those employees. The program paid up to twelve months of salary, at half a month for each year of service, and offered other benefits, including unpaid leave of up to 30 days to apply for another Deere job and an unpaid leave to bridge to retirement. To receive payments, employees had to keep working satisfactorily until their last day, sign a release, and comply with confidentiality and twelve-month non-solicitation obligations. Executives then warned that more positions would be eliminated through “attrition” and “forced attrition.” Management required that a percentage of employees be rated as Performance Needs Improvement, and the ratings system was revised to make that easier. Employees who received such ratings were offered a choice between three months of severance and a release, or a sixty-day performance improvement period with no severance if they failed. Ahmed, a product manager with nearly 25 years of service, chose the improvement option but was terminated for “failure to meet expectations.” Catalfano, a senior software engineer with over 28 years of service, accepted only three months of severance, even though he was entitled to twelve under the severance program, and signed a release. Neither was told that he might be eligible for payments under the severance program. The two thus brought this action asserting in Count I that Deere and the severance plan violated ERISA by breaching fiduciary duties and failing to provide benefits. Ahmed also brought discrimination claims in Counts II through IV. Defendants moved to dismiss Count I, arguing that the severance program is not an ERISA plan, plaintiffs were not eligible participants, no breach of fiduciary duty was plausibly alleged, and Catalfano released his claims. The court first held that plaintiffs plausibly alleged an ERISA plan. In deciding the issue, the court considered whether payments under the severance plan were continuous or one-time, whether the obligations were long-term, whether numerous events triggered payment, whether case-by-case review was needed, and whether managers exercised discretion, with no one factor determinative. Here, Deere’s obligation arose whenever an employee was let go for a qualifying reason, so liability extended “into perpetuity.” Implementing the program required determining the reason for termination, eligibility for year-end bonuses and bridge to retirement, whether employees performed “satisfactorily” until their last day, and compliance with releases and non-solicitation terms. It was not dispositive that each employee received a single, arithmetically calculated payment. In the end, “the decision to pay benefits is made on an individual, ongoing basis, after exercising the discretion described in the [Severance Program].” The court distinguished defendants’ cases on the ground that the programs in those cases involved contingencies that might never materialize, limited time periods, one-time mechanical payments, and little discretion. Deere’s obligation arose more frequently and indefinitely, involved greater managerial discretion, required tracking releases and non-solicitation compliance, and interacted with other benefit programs. As for plaintiffs’ eligibility for the program, the court explained that employees who are facially made ineligible by a pretextual termination remain participants because a contrary rule “would gut the statute” by making the protections of 29 U.S.C. § 1140 “effectively unattainable.” Reading the allegations in plaintiffs’ favor, Deere “pretextually created the performance improvement plan and forced poor performance reviews so that they could reduce Deere’s workforce.” Thus, plaintiffs were plausibly eligible. Plaintiffs’ breach of fiduciary duty claim also survived. The court stated that allegations that Deere “farcically changed its evaluation policy” to force well-performing employees out without telling them of their rights under the program “would be a blatant violation of the duty to communicate information regarding a plan and refrain from misrepresenting its terms.” The claim was not duplicative of the benefits claim because the alleged misconduct surrounding the denial went beyond “a denial of benefits, without more.” As for Catalfano’s release, the court applied the Seventh Circuit’s “totality of the circumstances” factors and found it plausible that the release was invalid, because he had no input into its terms, no counsel, and was allegedly misled about his rights. Nor did the complaint plausibly require him to tender back the three months’ pay, because the tender requirement is excused when a plaintiff receives only something he was already entitled to. The amount also can be set off against any recovery. As a result, Deere’s motion to dismiss was denied in its entirety.

If there was any theme in this week’s cases, it was tobacco surcharge litigation. The last couple of years have seen a surge in putative class actions against large employers challenging the wellness programs in their ERISA-governed health plans. These programs often impose a fee on plan beneficiaries who use tobacco, and provide for ways to eliminate that fee by satisfying a “reasonable alternative standard,” such as completing a tobacco cessation program.

The plaintiffs in these cases typically contend that the wellness programs violate ERISA’s nondiscrimination rules (e.g. 29 U.S.C. § 1182(b)) because they don’t give the “full reward” retroactively to participants who complete a cessation program, and don’t include the required “reasonable alternative standard” disclosures. Plaintiffs often bring other related claims, such as breach of fiduciary duty for failing to segregate surcharges as plan assets.

Results have been mixed. Some courts have dismissed these suits, on standing or other grounds, while others have allowed them to proceed. The litigation has even drawn the attention of the federal government, which weighed in recently with tri-agency guidance.

This week we have three cases that span the gamut of this litigation. In one, the court weeded out most of the plaintiffs’ claims but allowed their inadequate notice claim to proceed (Kiles v. Goodyear). In another the court preliminarily approved a $450,000 class settlement (Takala v. Nordstrom), and in a third plaintiffs scored what we believe to be the first win on summary judgment, with the court ruling in their favor across the board on their claims (Mehlberg v. Compass Group). See below for more details.

In the event regulatory deep-dives and health-contingent wellness implementation details are not your thing, we of course have other cases for you as well. They include: (1) a ruling potentially allowing discovery into privileged communications based on ERISA’s fiduciary exception to the attorney-client privilege (Collier v. Lincoln); (2) dismissal (this time with prejudice) of a putative class action against eyewear giant EssilorLuxottica for its inclusion of a Prudential-backed stable value fund in its retirement plan (Eibensteiner v. EssilorLuxottica); (3) the latest skirmish in the decade-old Patterson v. Swagelok/United saga; (4) a ruling that a life insurance beneficiary was not entitled to interest on the benefits, despite a nine-year gap between the death and the payment (Williamson v. Lunar); and last, but not least, (5) a multiemployer fund’s unsuccessful attempt to claw back pension benefits it paid to a dead plan participant (Central States v. Abraham).

As usual, we’ll be back with more next week.

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Arbitration

Fifth Circuit

Tyer v. Peachtree Hotel Group II, LLC, No. 1:26-CV-00744-ADA-DH, 2026 WL 3153106 (W.D. Tex. Oct. 20, 2026) (Magistrate Judge Dustin M. Howell). Charlotte Tracey Tyer worked for Peachtree Hospitality Management, LLC. She alleges that she refused to terminate another employee because of that employee’s national origin and detention by Immigration and Customs Enforcement, and that Peachtree and other defendants then retaliated against her by “blocking communication, deviating from typical discipline processes, and terminating her employment.” Proceeding pro se, she sued Peachtree and other related defendants, alleging that they “violated ERISA by interfering with her attainment of her employee benefits, breached their fiduciary duty under ERISA, and violated Title VII by retaliating against a protected activity.” Peachtree moved to compel arbitration of the Title VII claims and to stay the case pending arbitration, relying on a Mutual Dispute Resolution Agreement signed by Tyer. Applying the Fifth Circuit’s two-step framework, the assigned magistrate judge first asked whether the parties had entered into an arbitration agreement. Tyer’s complaint acknowledged the agreement, which she invoked to exclude her ERISA claims from arbitration, and Peachtree produced a signed copy that prominently stated that it included a binding arbitration provision. The court found that Tyer’s arguments were directed at waiver, enforceability, the agreement’s terms, and whether the ERISA and Title VII claims could be separated, not whether she entered into the agreement in the first place. As a result, the court found a valid contract, and moved on to the second step, i.e., whether Tyer’s claims were covered by the agreement. The agreement provided that “the arbitrator shall have the exclusive authority to resolve any dispute relating to the arbitrability of any individual claim or the enforceability or formation of this Agreement (including all defenses to contract enforcement such as, for example, waiver of the right to compel arbitration).” The court held that this language delegated “gateway questions of arbitrability to the arbitrator.” As a result, it covered Tyer’s arguments that Peachtree waived arbitration through pre-suit repudiation and that the agreement was unenforceable for other reasons. Because Tyer did not specifically challenge the delegation clause itself, the court was bound to enforce it, “leav[ing] any challenge to the validity of the Agreement as a whole for the arbitrator.” Tyer’s ERISA claims did not save her: “The agreement also forecloses her argument that her ERISA claims are too intertwined with her Title VII claims: ‘Enforcement of this Agreement may not be precluded… on the grounds that… a party to this Agreement asserts arbitrable and non-arbitrable claims. In [that situation], either party may file a motion to stay the litigation of non-arbitrable claims until the arbitrable claims are resolved in arbitration[.]’” The magistrate thus recommended granting Peachtree’s motion to compel. He further recommended staying the case pending arbitration because “Tyer’s ERISA and Title VII claims arise from the same operative facts,” and, as Tyer admitted, were “inextricably intertwined[.]”

Breach of Fiduciary Duty

Fifth Circuit

Eibensteiner v. EssilorLuxottica USA Inc., No. 3:25-CV-2443-X, 2026 WL 3182479 (N.D. Tex. Oct. 23, 2026) (Judge Brantley Starr). The plaintiffs in this case are participants in the EssilorLuxottica Retirement Savings Plan who contend that EssilorLuxottica USA Inc. and its ERISA Committee violated ERISA by including a Guaranteed Income Fund in the plan. The Fund is a stable value option backed by Prudential Retirement Insurance and Annuity Company. The court dismissed plaintiffs’ first amended complaint without prejudice (as we discussed in our May 6, 2026, edition), so they tried again. Their second amended complaint alleges that defendants breached their duty of prudence by selecting and keeping a guaranteed investment contract with lower crediting rates than similar investments, failed to negotiate reasonable recordkeeping and administration fees, and failed to monitor the plan’s fiduciaries. Defendants again moved to dismiss for failure to state claim. Beginning with the duty of prudence claim, the court agreed with defendants on all four of their arguments. First, the court had previously held that plaintiffs did not establish that their comparator funds were sufficiently similar to the Fund to support a meaningful comparison. The court stated that the Fifth Circuit has not defined a “meaningful benchmark,” but other courts distinguish actively and passively managed accounts, look to similar investment strategy and risk profile, and do not blindly accept the labels “comparable” or “peer.” The second amended complaint added that other stable value funds “share similar investment strategies,” but this criterion still “relies on far too high of a level of abstraction.” The complaint “still lacks the ‘why’ the Court requires to find that comparators are meaningful.” Four of plaintiffs’ top five comparators were managed by an affiliate of the plan’s sponsor, which could reasonably give better rates to affiliates, and the fifth was not even a stable value fund at all. Plaintiffs’ other comparators were applied “interchangeably and inconsistently, depending on the year,” which amounted to “cherry-picked evidence.” Second, plaintiffs’ attempt to show that the Fund was imprudent also failed. Their only new allegation was that other insurers offered plans with higher surplus to liability ratios, but they did not explain why that criterion matters or why those carriers should be compared. Third, plaintiffs’ fiduciary process theory was self-contradictory, because they could not explain why the Committee’s decision not to act for a time was imprudent while its eventual decision to switch to another stable value fund was also imprudent. That would put the defendants in a “damned-if-you-do-damned-if-you-don’t situation.” The court acknowledged that a fiduciary has a continuing duty to monitor investments and that a plaintiff may plead that a superior alternative was readily apparent. But the “test of prudence…is one of conduct, and not a test of the result of performance of the investment.” Plaintiffs alleged no malfeasance beyond accusing the fiduciaries of being “asleep at the wheel,” and their evidence boiled down to results, which was a “performance-oriented analysis” that the Fifth Circuit has “found…inappropriate.” Fourth, a study the plaintiffs relied on did not support their claims. The Stable Value Institute of America benchmark examined 135,000 plans serving about 42 million participants from January 2010 through December 2019, but the plaintiffs’ class period began in September 2019, so the study overlapped with it for less than four months. While a market index might on occasion serve as a meaningful benchmark, plaintiffs’ composite of disparate strategies was a poor comparator, and thus plaintiffs could not compare it to the Fund “any more than they can compare the moon to a baseball, though they are both spheres.” Next, the court examined plaintiffs’ excessive recordkeeping fees claim. The first amended complaint had asserted a prohibited transaction claim under ERISA § 406(a)-(b), which the court dismissed without prejudice because it did not allege whether Prudential was already providing services to the plan, and thus a party in interest, when the relevant contract was entered. The court had limited any amended complaint to changes “needed to cure the deficiencies identified by this Order.” Instead of curing that defect, the plaintiffs brought a new claim that the plan’s recordkeeping and administration fees were excessive. The court rejected plaintiffs’ argument that their new claims were valid because they did not prejudice defendants, holding that it “will not permit parties to bring new claims in an amended complaint after limiting the scope of that complaint.” Finally, plaintiffs’ failure to monitor claim was derivative of their prudence claim and thus was also unsuccessful. As a result, the court granted defendants’ motion to dismiss, this time with prejudice.

Sixth Circuit

Kiles v. Goodyear Tire & Rubber Co., No. 5:26-CV-179, 2026 WL 3135912 (N.D. Ohio Oct. 8, 2026) (Judge Christopher A. Boyko). To keep health coverage under the Goodyear Health Plans, Goodyear employees must declare each year whether they use nicotine; users must pay a surcharge. According to the complaint, employees and spouses paid more than $17 million in surcharges from 2020 through 2025. Plaintiffs, former Goodyear employees who paid the surcharge, allege that it was unlawful because the program fell outside of ERISA’s safe harbor for bona fide wellness programs. The summary plan description describes the American Cancer Society’s “Quit for Life” program as an option, and promises retroactive reimbursement of the surcharge on completion, but plaintiffs alleged that participant materials omitted the statement, required by 29 C.F.R. § 2590.702(f)(4)(v), that the recommendations of a participant’s personal physician will be accommodated. They asserted three claims: (1) failure to give required notice; (2) breach of fiduciary duty under § 502(a)(2), on the theory that Goodyear used the surcharges to offset its own contributions to the plans; and (3) breach of fiduciary duty and prohibited transactions under § 502(a)(3). Goodyear moved to dismiss under Rules 12(b)(1) and 12(b)(6). On standing, Goodyear argued that the notice claim alleged only an “informational injury” and that plaintiffs did not allege that they had a medical condition qualifying for the physician alternative or would have acted differently with better notice. The court disagreed, accepting plaintiffs’ argument that they did not claim injury from the missing notice. Instead, they claimed that the wellness program violated ERISA. Thus, if Goodyear “could not lawfully impose the tobacco surcharge on nicotine users,” then the surcharge was illegal, and plaintiffs suffered direct monetary harm from an allegedly unlawful plan and had standing. On the merits of the notice claim, Goodyear argued that the statute, 42 U.S.C. § 300gg-4(j)(3)(E), requires only disclosure of the availability of a reasonable alternative standard, which the “Quit for Life” reference satisfied. Furthermore, they argued that the physician-accommodation statement appears only in the regulation, which was not binding pursuant to the Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo (holding that agency interpretations of regulations are not entitled to deference). The court disagreed. Congress had delegated the authority to prescribe regulations necessary or appropriate to carry out the statute, and Loper Bright itself recognized that statutes may “empower an agency to prescribe rules to ‘fill up the details’ of a statutory scheme.” The court thus concluded that § 2590.702 “is a clarification of § 300gg-4’s notice requirements rather than an additional requirement,” so the physician-accommodation disclosure requirement was valid and plaintiffs plausibly alleged a violation. Thus, defendants’ motion regarding the first claim was denied. The fiduciary claims fared differently. Goodyear argued that they challenged settlor rather than fiduciary conduct, and the court agreed. It explained that an employer acts as settlor, not a fiduciary, in establishing, funding, amending, and terminating a plan, and that “day-to-day corporate business transactions” need not be performed solely in participants’ interest. The § 502(a)(2) claim also failed. Plaintiffs offered only “bare-bones, conclusory allegations” that Goodyear enriched itself at the plans’ expense, and without the plan documents there was no basis to infer that Goodyear owed contributions on top of the surcharges. Any harm from higher premiums fell on employees, not the plans. The § 502(a)(3) claim failed for a different reason. The court acknowledged that informing participants about a plan is a fiduciary function, but plaintiffs did not allege that the lack of disclosure was a breach that harmed them individually. The prohibited transaction theory also failed. The court observed that plaintiffs’ theory was that Goodyear contributed less of its own money, not that the plans were shortchanged. However, plaintiffs did not plausibly allege that the plans were underfunded or unable to pay benefits. As a result, the case will proceed, but only on plaintiffs’ first claim for relief regarding inadequate notice. Plaintiffs’ request for leave to amend, made at the end of their opposition brief, was denied.

Eighth Circuit

Mehlberg v. Compass Group USA, Inc., No. 24-cv-04179-SRB, __ F. Supp. 3d __, 2026 WL 3139083 (W.D. Mo. Oct. 16, 2026) (Judge Stephen R. Bough). Since 2016, foodservice giant Compass Group USA, Inc. has charged participants in its medical plan who use tobacco a surcharge, deducted from their paychecks and kept in Compass Group’s general assets. Participants were identified through an annual self-attestation. Compass Group offered an alternative standard to avoid the surcharge, such as a free tobacco cessation course, but it removed the surcharge only prospectively for the rest of the plan year, and the self-attestation said nothing about the alternative standard from 2016 through 2024. In mid-2024, Compass Group began reimbursing surcharges retroactively, but it did not disclose that until its 2025 enrollment guide. The parties agreed that almost $48 million in surcharges was collected from 2016 through May of this year. Plaintiffs Richard Mehlberg and Angela Deibel challenged Compass Group’s tobacco surcharge in this action, suing on behalf of a putative class and the plan, asserting six counts: violations of ERISA’s nondiscrimination provision (Count I) and of the wellness program disclosure requirements (Count II), breach of fiduciary duty on behalf of the plan (Count III) and individually (Count IV), and violation of plan terms under §§ 502(a)(3) and (a)(1)(B) (Counts V and VI). The court previously denied a motion to dismiss, and earlier this year it certified four classes (which we covered in our April 22, 2026, edition). The parties then filed 350 pages of briefing in support of their cross-motions for summary judgment, which were resolved in this published decision. On Article III standing, the court held that paying an unlawful surcharge is an injury in fact, because “[p]aying a fee they should not have been charged [is] a concrete injury.” It ruled that plaintiffs did not need to show that “informational deprivation caused some ‘downstream consequence.’” On statutory standing, the court ruled that § 1182’s non-discrimination provision protects “any individual,” and the medical-condition exemption from the surcharge, in 42 U.S.C. § 300gg-4(j)(3)(D), operated as an affirmative defense rather than a limit on who is allowed to sue. The court also rejected Compass Group’s challenge to the Department of Labor’s 2013 regulation on this issue because Congress had “called upon the Department of Labor’s expertise” in interpreting the statute, consistent with the Supreme Court’s recognition in Loper Bright Enterprises v. Raimondo that agencies may “fill up the details.” Turning to the merits, on Count I the court held that the statute’s “full reward” requirement is unambiguous and requires retroactive reimbursement for a participant who completes the alternative standard mid-year. Because “reward” includes “the absence of a surcharge” and “full” means all, prospective-only relief would mean “the best a tobacco user could hope for would be a partial reward for a given plan year.” A contrary reading would let plans discriminate for most of the year by offering the alternative at year’s end. The court noted that the 2013 regulation supported this conclusion. It rejected defendants’ argument based on the anti-parroting doctrine (which provides that courts will not grant an agency deference when it interprets its own regulation if the regulation is essentially the same as the statute) because it was “Congress that was copying the agency,” not the other way around. On Count II, the court found that the self-attestation form for 2016 through 2024 referenced a premium differential based on tobacco use but disclosed no reasonable alternative standard, and the 2025 and 2026 enrollment guides omitted the statement that a personal physician’s recommendations would be accommodated. Thus, Compass Group “did not provide the requisite disclosures” and plaintiffs were entitled to summary judgment. On Counts III and IV, the surcharges were employee contributions and thus plan assets, which Compass Group never segregated even though a dedicated payroll code made that easy. Defendants tried to rely on the applicable regulation’s “reasonable segregation” provisions, but the court explained that the 90-day period in the regulation is the “absolute outer bounds” and does not give employers “three months of impunity to commingle the funds at their leisure.” On Counts V and VI, the court held that plan language stating that it “shall be administered in accordance with” the ACA and PHSA and “is intended to operate in compliance with” federal law created an enforceable promise beyond plaintiffs’ statutory claims. The court rejected defendants’ argument that these were simply “generic representations of legal compliance.” Finally, the court addressed remedies. It ruled that equitable surcharge under § 502(a)(3) was available, regardless of whether it represented “recovery of specific traceable funds,” and that such a remedy was not limited to fiduciary claims. The court also addressed various statutes of limitations that affected calculation of a surcharge remedy, which reduced some of the relief plaintiffs could obtain. The court deferred awarding a specific amount of damages, ordering the parties to file briefs within fourteen days on damages, additional discovery, and duplicative recovery. As a result, the decision was nearly a clean sweep for plaintiffs, and as we noted in the introduction, a rare one: Your ERISA Watch believes that this ruling represents the first win by plaintiffs on summary judgment in the wave of tobacco surcharge lawsuits that have swept through the federal courts in the last two years.

Class Actions

Ninth Circuit

Takala v. Nordstrom, Inc., No. 2:25-cv-1396-JHC, 2026 WL 3131993 (W.D. Wash. Oct. 19, 2026) (Judge John H. Chun). Amy Takala and Jennifer Wescott brought this putative ERISA class action against Nordstrom, Inc. over its employee wellness program. Their claims concerned the imposition and administration of tobacco or nicotine surcharges, alleged deficiencies in notice of a reasonable alternative standard, the alleged failure to provide the “full reward” as required by applicable law, and alleged breaches of fiduciary duty. The parties reached a settlement agreement on September 14, 2026, and the plaintiffs moved for preliminary approval. In this order the court briskly granted the motion. It preliminarily found for settlement purposes that the proposed class was ascertainable from plan records and too numerous for joinder, and that the Rule 23(a) requirements of commonality, typicality, and adequacy were met. The court also found that separate actions by individual class members would risk inconsistent adjudications or adjudications that would, as a practical matter, dispose of the interests of absent members. On that basis it preliminarily certified a settlement class under Rule 23(b)(1). The class consists of individuals residing in the United States who paid a tobacco or nicotine surcharge in connection with participation in Nordstrom’s health and welfare benefit plan, for themselves or a covered spouse, domestic partner, or dependent, from July 24, 2019, through entry of the preliminary approval order. Finding the class sufficiently “well-defined and cohesive,” the court certified it as a non-opt-out class, so class members will be bound by any judgment on the settlement, subject to the court’s final determination. After considering the Rule 23(g) factors, the court designated Siri & Glimstad LLP as class counsel. It also found the class representatives adequate and typical, but the order appointed “Kelly Rogers, Kathryn Deisinger O’Flaherty, and Wyndham Hasler” as the class representatives rather than the two named plaintiffs, which appears to have been a typographical error. Next, the court preliminarily approved the settlement, finding that it resulted from arm’s-length negotiations after class counsel researched multiple legal and factual issues, that a “genuine controversy” exists over Nordstrom’s compliance with ERISA and its administration of the wellness program, and that the settlement appears on its face to be fair, reasonable, and adequate enough to warrant notice to the class. It likewise preliminarily found the plan of allocation fair, reasonable, and adequate. The order did not state the settlement amount, but it has been reported as $450,000. The court set a final approval hearing for February 17, 2027. Class counsel’s motion for final approval and its application for fees, expenses, and case contribution awards of up to $7,500 per class representative are due 45 before the hearing, the parties must respond to objectors five business days before it, and Nordstrom must file proof of compliance with the Class Action Fairness Act ten days before it.

Disability Benefit Claims

Second Circuit

Doolittle v. Hartford Life & Accident Ins. Co., No. 1:25-cv-00148 (BKS/CBF), 2026 WL 3135297 (N.D.N.Y. Oct. 20, 2026) (Judge Brenda K. Sannes). Micky Doolittle, a former employee of New England Motor Freight, Inc., received long-term disability benefits under an insured plan governed by ERISA, with Hartford Life and Accident Insurance Company as claim administrator. The group policy insuring the plan gave Hartford “full discretion and authority” to interpret its terms and allowed Hartford to reduce monthly benefits by “Other Income Benefits,” including Social Security disability (SSD) benefits. While Doolittle’s SSD application was pending, he signed a reimbursement agreement with Hartford in which he selected an option that allowed him to receive his benefits “with no reduction for Social Security Benefits,” and acknowledged that this “may result in an overpayment” that he would have to refund in a lump sum. In 2022 the Social Security Administration found him disabled and awarded about $41,781 in retroactive benefits, withholding $10,445.25 for a representative’s fee. Hartford calculated an overpayment of $43,890, Doolittle paid $10,000, and Hartford credited $6,000 as the maximum allowable attorney’s fee and began withholding his monthly benefits in 2022. The balance declined steadily until Hartford reported in July 2026 that it had been fully recouped and issued a $780 refund, after which benefits resumed. Meanwhile, in 2025, Doolittle brought this pro se action alleging state law claims, which the court found preempted by ERISA (as we reported in our September 17, 2025, edition). After Doolittle amended his complaint, the court allowed him to proceed on a § 502(a)(1)(B) claim based on the allegation that Hartford kept withholding benefits after the overpayment had been recovered (as we reported in our February 4, 2026, edition). The parties then cross-moved for summary judgment and this order was the result. Because the policy conferred discretion, the court reviewed Hartford’s withholding under the arbitrary and capricious standard of review. Doolittle argued that Hartford withheld his benefits “with no consistent calculation or documented rationale.” However, the court noted that Doolittle had signed the reimbursement agreement, and courts “routinely have enforced SSDI offset provisions in ERISA Plans as written, as well as Reimbursement Agreements similar to [the one] at issue here.” Hartford was therefore entitled under the plain language of the policy and the agreement to withhold benefits to recover its overpayment. The court rejected the argument that Hartford’s calculations “changed over time and included acknowledged errors.” Hartford admitted that its figures had changed, but only because the balance fell as it withheld benefits and applied credits. The court did note errors in Hartford’s correspondence, but found that Hartford had promptly corrected them. “[T]he sole discrepancy the Court can identify in Hartford’s calculation of the Overpayment is that Hartford credited $6,000.00 for attorney’s fees, whereas the Social Security Administration initially withheld twenty-five percent of Plaintiff’s retroactive award, or $10,445.25, for a representative fee.” However, Hartford explained that $6,000 was the maximum allowable fee at the time of the award and the SSA’s withholding was not final pending its approval of the fee. Thus, even assuming the difference was not refunded, “the Court cannot find that Hartford acted arbitrarily because it credited Plaintiff with a lower amount for attorney’s fees, when that amount was the maximum permitted under the law.” As for “other deviations” between the SSA award and calculated overpayment, the court found that they stemmed from Hartford’s underestimating Doolittle’s SSD benefits, since it used his original monthly amount despite cost-of-living increases, and from a $500 credit that Hartford mistakenly applied and was not seeking to recover. In the end, Hartford’s decision rested on the agreement and policy, and the record showed that its representatives repeatedly responded to Doolittle’s concerns and corrected errors, so its withholding was not arbitrary and capricious. The court then turned to two claims that Doolittle raised for the first time in his summary judgment motion, noting that they were new arguments that “need not be considered.” One was a claim under ERISA § 104(b)(4) premised on an administrative record that allegedly “omitted numerous relevant documents and included duplicates and missing sequence numbers.” The court noted that Doolittle did not allege that Hartford ignored a written request for documents, that the record was complete on his sole remaining claim, and that a supposedly missing sequence number resulted from a black border obscuring a Bates label. The second claim was an intentional infliction of emotional distress claim, over which the court declined to exercise supplemental jurisdiction. As a result, the court denied Doolittle’s motion for summary judgment, granted Hartford’s, and dismissed the case.

Ninth Circuit

Wong v. Metropolitan Life Ins. Co., No. 25-cv-10274-PCP, 2026 WL 3138805 (N.D. Cal. Oct. 20, 2026) (Judge P. Casey Pitts). Shifang Wong, a scientist at the biotechnology company Adicet Bio, worked on cancer research and cell therapy drug products in a job that demanded “4-8 hours of uninterrupted focus,” “zero tolerance for error,” and “sustained concentration, emotional regulation, and cognitive stamina.” Beginning in 2021 she alleged she endured severe bullying and harassment, including coworkers interfering with her experiments and smearing her car with mud, and by late 2023 she told her manager she could not complete her assigned experiments. Her primary care physician diagnosed major depressive disorder, panic attacks, and insomnia, noted memory and focus difficulties, and took her off work beginning November 8, 2023. A psychiatric nurse practitioner, Nima Lal, then treated her two to three times a month for a year, diagnosed generalized anxiety disorder and major depressive disorder, wrote out-of-work notes throughout, and opined in late 2024 that returning to work would “only exacerbate her condition.” Wong submitted a claim for benefits under Adicet’s long-term disability (LTD) benefit plan, insured by Metropolitan Life Insurance Company, in June 2024. MetLife denied Wong’s claim on the strength of a records review by an independent psychologist, Dr. Ghannam, who found her mental status “notably unremarkable aside from mood abnormalities” and noted that she was not suicidal and had not been hospitalized. On appeal, a second reviewer, Dr. Richardson, agreed and discounted her cognitive complaints because she offered “no clinical, measurable, and fully validated evidence to support impaired cognition.” MetLife thus upheld the denial in August 2025. Meanwhile, MetLife had awarded Wong short-term disability (STD) benefits for a later period, based largely on two interviews by its psychiatric specialist, who concluded that Wong was limited in her ability to sustain concentration and focus, and then extended the award to the maximum period. Wong sued MetLife under ERISA § 502(a)(1)(B), and the parties cross-moved for judgment under Rule 52, agreeing that de novo review applied. The court found that every practitioner who actually interacted with Wong, including MetLife’s STD reviewer, concluded that she could not work or that her cognitive functioning was impaired. By contrast, MetLife’s LTD reviewers never had the opportunity to “know and observe” her. A “pure paper” review “raise[s] questions about the thoroughness and accuracy of the benefits determination,” and discounting mental functioning complaints is “particularly troubling” when the reviewer has “never met the claimant.” The court emphasized the cognitive rigor of Wong’s job, finding it relevant that her job required “higher levels of mental functioning, including concentration and memory.” Even a “relatively moderate hind[]rance” could interfere with her ability to work as a scientist. Drs. Ghannam and Richardson “seemingly evaluated whether Wong was disabled from performing any work at all,” without explicitly considering the demands of her usual occupation. Their observations that she was not suicidal and had not been hospitalized “do not speak to Wong’s ability to work as a scientist,” leaving MetLife with “almost no evidence to rebut the opinions of Wong’s practitioners.” As for the paucity of objective testing, the court held that “Wong did not need more.” MetLife could not “fully discredit” subjective accounts of anxiety, depression, and cognitive functioning for lack of objective testing, and the absence of neuropsychological testing did not undermine her documented symptoms, “particularly when MetLife never asked for it.” As for the STD benefits, the court declined to find that they created a presumption of entitlement to LTD benefits, as nothing in the record showed whether the STD plan defined disability as the LTD plan did, and Wong sought STD benefits for a different time period. However, the findings of MetLife’s STD reviewer, which were part of the administrative record, served as additional evidence supporting Wong. The court rejected MetLife’s three counterarguments. Wong’s statements that she felt “okay” on some days, and notations of “intact” and “attentive” cognition, showed only that she was not completely disabled, which was not the correct standard, since “even moderate impairment” to cognitive function was sufficient to support inability to perform her job. MetLife’s argument that Wong’s impairments were specifically tied to her experience at Adicet, and that she could work elsewhere, was unsupported because other evidence addressed her cognitive difficulties generally. And MetLife’s causation argument that “bullying and harassment,” rather than a “sickness or illness,” caused her conditions misread the plan, which “imposes no restriction on coverage for mental conditions that were themselves triggered by other events.” The court thus granted Wong’s motion for judgment, denied MetLife’s cross-motion, and awarded Wong LTD benefits.

Discovery

Second Circuit

Nadarajah v. Provident Life & Accident Ins. Co., No. 26-CV-1841 (JPO), 2026 WL 3151102 (S.D.N.Y. Oct. 21, 2026) (Judge J. Paul Oetken). Jeyakumar Nadarajah sued The Provident Life and Accident Insurance Company regarding his former employer’s disability insurance program, which was insured by Provident. The case was removed from state court, and the parties are now disputing whether ERISA governs Nadarajah’s claims. Provident moved to stay discovery until that question is resolved. It argued that if ERISA applies, review will be largely confined to the administrative record, discovery will be limited or unnecessary, and discovery on Nadarajah’s state law claims will be foreclosed. Nadarajah disagreed, contending that “[t]he issue of whether ERISA governs is fact-intensive and itself requires discovery, thus making it inappropriate for early resolution.” In this brief order the court denied Provident’s motion. It first held that discovery is appropriate on at least the threshold question of whether ERISA governs, relying on various cases from within the district. Provident contended that the documents already in the record showed that the program was endorsed by Nadarajah’s former employer, and therefore that ERISA governs. Nadarajah countered that more discovery was needed on endorsement, including the agreements between Provident and the former employer, the employer’s communications to employees about the program, documents on the program’s administration, and deposition testimony. The court agreed with Nadarajah. The documents Provident cited indicated that the former employer was likely required to “sponsor and endorse the voluntary purchase of policies,” including through an “employer endorsement letter,” but they were “not necessarily dispositive.” Provident did not attach the endorsement letter or point to other record evidence that one was issued, and thus “Provident gives the Court no reason to believe that the necessary additional discovery on this issue has already occurred, such that discovery on other issues (e.g., Nadarajah’s state-law claims) ought to be stayed. It appears therefore that discovery continues to be necessary because it may at least be helpful on the question of ERISA’s applicability.” The court added that a stay would be premature in any event because, as Provident conceded, “the ERISA issue warrants full briefing.” It invited Provident to move for partial summary judgment on ERISA’s applicability, but in the meantime, “the Court will not stay discovery on the theory that it will resolve this question when, other than a sua sponte undertaking, it has no vehicle to do so.” The court thus denied Provident’s motion to stay discovery and directed the parties to prioritize discovery on the applicability of ERISA before discovery closes next month.

Sixth Circuit

Jacobs v. Fidelity Workplace Services, LLC, No. 1:25-CV-1719, 2026 WL 3150621 (N.D. Ohio Oct. 21, 2026) (Magistrate Judge Jennifer Dowdell Armstrong). In this action Sherlyn Jacobs, proceeding pro se on her own behalf and as representative of the estate of her late husband, Marvin Jacobs, has sued Fidelity Workplace Services, LLC, the administrator of General Motors’ pension plan. Marvin worked for GM for more than 30 years and died in 2023. Sherlyn alleged that the couple married in 2020, that Marvin submitted the paperwork to name her as his survivor beneficiary under the GM pension plan, and that in September 2021 he called Fidelity, in a call she says was recorded, and a representative confirmed that she was listed as the beneficiary. According to Sherlyn, Fidelity nevertheless rejected her claim for benefits, has not produced the recording or the forms, and is allegedly paying Marvin’s benefits to a former wife from whom he divorced in 1998. She asserted claims under ERISA for wrongful denial of benefits, failure to provide plan documents, and breach of fiduciary duty. Fidelity contends that Marvin never completed the HRP-60 form which would have removed his prior spouse and added Sherlyn, and that it is not the plan administrator for purposes of Sherlyn’s document request. At the initial case management conference, Fidelity agreed to produce the complete administrative record, including written communications and recorded phone calls, but opposed further discovery. In contrast, Jacobs sought “full discovery under the Federal Rules of Civil Procedure.” Fidelity produced the administrative record, but Jacobs was unhappy. She filed a motion to compel, which asked the court “to compel the production of ‘a complete and readable administrative record’ and ‘accurate call logs and recordings.’” She accused Fidelity of, among other things, producing “microscopic” and “unreadable” call logs and “silent” recordings. Jacobs’s motion was denied without prejudice for failing to meet and confer. During the meet and confer process, Fidelity produced additional records, including some it did not consider part of the administrative record, and an affidavit stating that an “exhaustive search” had not located the September 2021 call. Jacobs then filed an “ERISA Procedural Challenge” to the record. In this order the court began with the rule in ERISA cases that review is generally confined to the administrative record, which reflects “the facts known to the administrator” when it made its decision. The court construed part of Jacobs’s filing as an evidentiary objection to the contents of the record. However, Jacobs could not identify any document in Fidelity’s possession that had been omitted, and her suggestion that the record was incomplete was “pure speculation.” Fidelity had represented that the documents were “produced as received” and had supported its search for the missing call with an affidavit. “Ordinarily, the representation of a party’s attorney that no additional documents exist is sufficient to defeat a motion to compel absent credible evidence that the representation is inaccurate.” Thus, the court rejected Jacobs’s challenge to the contents of the administrative record. The court then addressed Jacobs’s requests for discovery relating to “procedural irregularities in Fidelity’s consideration of her benefits claim.” On this issue, Jacobs did not argue bias. Instead, her theory was that Fidelity denied her due process in administering the plan and in considering her claim. The court found that the record, which included materials showing that the HRP-60 form was explained to and sent to Marvin and provided to Sherlyn – but never properly completed – provided her with “meaningful review.” Jacobs pointed to nothing contradicting Fidelity’s explanation, and the extensive record contained a log and 40 recordings. Because Jacobs “has not shown even ‘the barest of an additional showing’ of a procedural irregularity or bias here,” her request for discovery was denied.

Ninth Circuit

Collier v. Lincoln Life Assurance Co. of Boston, No. 8:20-cv-00839-JVS-KESx, __ F. Supp. 3d __, 2026 WL 3126569 (C.D. Cal. Oct. 5, 2026) (Magistrate Judge Karen E. Scott). Vicki Collier brought this action against Lincoln Life Assurance Company of Boston for wrongfully denying her claim for ERISA-governed long-term disability benefits. The district court upheld the denial, but in November 2022 the Ninth Circuit reversed and remanded in a published opinion, holding that a district court “must examine only the rationales the plan administrator relied on in denying benefits and cannot adopt new rationales that the claimant had no opportunity to respond to during the administrative process.” According to the Ninth Circuit, the district court had improperly relied on new findings that Collier was not credible and that her claim lacked objective medical evidence. (This ruling was Your ERISA Watch’s case of the week in our November 23, 2022, edition.) After an unsuccessful post-appeal mediation, the district court remanded the claim to Lincoln, which upheld its denial in January of 2025. The case thus returned to district court, where Collier demanded a detailed privilege log and access to all communications between Lincoln and its in-house and outside counsel during the remand period, arguing that such communications were discoverable pursuant to the fiduciary exception to the attorney-client privilege and work product doctrine. Lincoln served a privilege log, with all entries claiming attorney-client privilege and thirteen also claiming work product protection, and argued that the fiduciary exception no longer applied because the parties’ interests had diverged when the litigation began and was not revived on remand. In this order, the assigned magistrate judge explained at the outset that the fiduciary exception to the privilege applies to advice on plan administration, but that the privilege “reasserts itself” as to advice a fiduciary obtains to protect herself from civil or criminal liability. The court first rejected Lincoln’s argument that its potential liability for attorney’s fees revived the privilege. The court noted that no one at Lincoln faced personal civil or criminal liability, and treating fee exposure, which exists whenever a claim is wrongfully denied under ERISA, as sufficient “would effectively nullify the fiduciary exception.” The court then held that the fiduciary exception revives on remand. It rejected a bright-line rule that the exception ends forever once litigation begins, as no case supported that proposition. Instead, “if on remand the plan administrator must again act as a fiduciary, then the fiduciary exception should be revived as to attorneys giving legal advice about plan administration. A contrary rule would free the plan administrators to act as litigation adversaries even while considering a remanded claim, which would defeat the purpose of remand.” Litigation counsel’s communications with Lincoln about how to evaluate Collier’s claim on remand would likely fall within the exception, but communications about the litigation itself would not. The court added that work product protection may still shield documents even where the exception applies. Pursuant to this framework, the court ordered Lincoln to serve an amended log identifying document type, the role of each sender and recipient, the author where it differs from the sender, and the status of email attachments, with numbered lines. It declined to require logging of communications internal to litigation counsel, which no one at Lincoln saw and which would almost certainly be protected work product, since logging them “would be busy-work.” However, communications from litigation counsel to Lincoln about the denial or the claim process, including advice on the denial’s effect on the litigation, how to decide the claim, and drafts and redlines of the denial letter, must be logged, as must any memo that counsel conveyed verbally through in-house attorneys. Lincoln could not exclude documents created between the date of remand and Collier’s first remand submission, but it could exclude documents created before that date, when the parties were “litigation adversaries.” The court refused to require a separate relevance log, finding no authority for one, and held that any deposition of the claim specialist would require a motion to the district judge. As a result, Lincoln will have to serve an amended privilege log and deliver a tabbed binder of the logged documents to the magistrate judge for in camera review. (Disclosure: Kantor & Kantor represents Collier in this action.)

Pension Benefit Claims

Seventh Circuit

Dumke v. Chicago & Vicinity Laborers’ Dist. Council Pension Fund, No. 25-C-50328, 2026 WL 3135028 (N.D. Ill. Oct. 20, 2026) (Judge Rebecca R. Pallmeyer). In this action Kristen Dumke has sued to enforce a divorce agreement that granted her a share of her former husband Jeffrey Dumke’s pension benefits. The Chicago & Vicinity Laborers’ District Council Pension Fund determined that she was not entitled to them because she never submitted a domestic relations order (DRO) before Jeffrey died, and thus full survivorship benefits vested in his widow, Elizabeth Fischer. Because those benefits had already vested, the Fund reasoned, the DRO Kristen submitted afterward could not constitute a qualified domestic relations order (QDRO) under ERISA entitling her to part of Jeffrey’s pension. The Fund set the annuity start date for Fischer’s benefit “just days” after it was on notice that Kristen was actively seeking to cure the deficiencies in her DRO, and it had pre-death notice of the divorce. On cross-motions for summary judgment, the court granted Kristen’s motion and denied the Fund’s earlier this year. (We covered this decision in our July 15, 2026, edition.) Because that ruling rested in part on arguments the parties had not raised, the court did not immediately enter judgment and instead invited them to “identify errors in the court’s reasoning.” The Fund responded by seeking reconsideration on three grounds: (1) that the court’s distinction between qualified joint and survivor annuities (QJSAs) and qualified pre-retirement survivor annuities (QPSAs) was contrary to law, (2) that it had confused the QDRO processing rules with the vesting provisions and created an unworkable “notice” standard, and (3) that the Second Circuit’s decision in Yale-New Haven Hospital v. Nicholls, on which the court relied, was incorrectly decided. On the first issue, the court explained that a QPSA is paid to a surviving spouse when a participant dies before commencing benefits, while a QJSA is paid after a participant dies in retirement. Elizabeth’s interest was a QPSA. The Fund argued that because QJSA benefits vest at retirement, QPSA benefits must vest at death. But Nicholls held that a surviving spouse “did not gain an automatic and irrevocable interest in [her ex-husband’s] plan benefits on the date of his death,” and a Ninth Circuit case (Carmona v. Carmona) similarly held that “so long as a valid DRO creates an alternate payee’s legally enforceable property interest in QPSA benefits, a QDRO can be obtained even after the plan participant’s death.” The court found these authorities persuasive, and thus ruled that Fischer’s QPSA interest did not vest at Jeffrey’s death. On the second issue, the Fund argued that ERISA’s segregation requirement, 29 U.S.C. § 1056(d)(3)(H), is triggered only by receipt of an entered order. However, the Fund did not cite any authorities on point, and a Ninth Circuit case (Trs. of the Dirs. Guild of Am.-Producer Pension Benefits Plans v. Tise) had recognized that Congress “expressly contemplated that further state court proceedings might ensue during the 18-month QDRO-determination period” to cure defects in the original DRO. This opportunity “implicitly accounts for situations like Kristen’s” and implies that notice of an order, even an unperfected one, suffices to trigger segregation. The Fund’s claim that no case allowed post-vesting notice to divest a surviving spouse disregarded the court’s finding that Elizabeth’s interest could not vest until the plan determined the DRO’s qualified status. Nor was the court’s reading “unworkable for plan administration,” because Congress intentionally balanced administrative ease against its interest in “mitigat[ing] the impact of divorce upon children and former spouses.” Finally, the court maintained its reliance on Nicholls. The Fund argued that nunc pro tunc orders would require reannuitization, a benefit “not otherwise provided under the plan” that disqualifies a DRO. However, that argument assumed that the annuity start date for QPSA benefits must be tied to the participant’s death, which the court had already stated it did not accept. The court reiterated its earlier conclusion that any need to reannuitize was a result of the Fund’s failure to account for Kristen’s DRO despite being on notice of it, and that it was “unwilling to approve a result that penalizes Kristen for the Fund’s apparent mistake.” As a result, the court’s summary judgment ruling remained unchanged. It ordered the Fund to qualify Kristen’s DRO and, within 30 days, remit to her the benefits to which she is entitled.

Pleading Issues & Procedure

Sixth Circuit

Patterson v. Swagelok Co., No. 1:20-cv-566, and Patterson v. UnitedHealth Group, Inc., No. 1:21-cv-470, 2026 WL 3126888 (N.D. Ohio Oct. 20, 2026) (Judge J. Philip Calabrese). These two long-running cases, which have been up to the Sixth Circuit twice, are likely familiar to devoted Your ERISA Watch readers. They involve a married couple who have asserted state and federal claims against various United Healthcare entities arising from separate automobile accidents. (For more background on this complicated case, see our December 10, 2025, edition.) The cases center on whether defendants were entitled to subrogation and reimbursement from the settlements that occurred after the accidents. After the latest trip to the Sixth Circuit, the district court granted in part and denied in part defendants’ motion to dismiss. That ruling addressed “at length the standing of each Plaintiff[.]” (We covered this order in our January 14, 2026, edition.) In July the court overruled the defendants’ objections to a single interrogatory seeking information about persons similarly situated to plaintiffs, and in August it denied reconsideration. At issue now is defendants’ motion asking the court to certify its August order for interlocutory appeal under 28 U.S.C. § 1292(b). As the court put it, “To try to side step the obvious deficiencies with appealing a discovery ruling, Defendants seek to frame the Court’s Order as one of standing.” The court began its discussion by correcting what it called “misstatements of the record.” Defendants asserted that the court had already held that Eric Patterson is not entitled to broader relief than the $25,000 reimbursed to the plan from his third-party settlement and cannot maintain claims on behalf of the plan. The court had indeed ruled that he could not maintain claims on behalf of the plan, but it had expressly considered whether he might maintain his ERISA claims on behalf of a class and concluded that the Sixth Circuit did not reach that question. The ruling challenged by defendants did not address that question either. Instead, it “concerns only the discoverability of information regarding others who might have similar claims. Such information is generally and routinely discoverable. Whether it is admissible is another matter, as is whether such information may support claims on behalf of a class. In any event, the discovery sought and ordered does not bear on standing.” The court also clarified that its January ruling did not hold that Patterson lacked standing to proceed on behalf of a class. The court had said only that it “will not reconsider Mr. Patterson’s standing to maintain a claim on behalf of the Plan or to any other claim”; standing and the ability to bring class claims “are two separate things.” Defendants, the court said, “continue to confuse” the claims Patterson may bring on his own behalf and on behalf of the plan with whether he may maintain his claims on behalf of a class. The court thus maintained that, “[a]t this stage of the proceedings, the amended complaint makes the discovery proper, and the discovery sought might or might not support claims on behalf of a class. Any such determination is for another day.” The court finished its introduction with two more points. First, “Defendants put their cards on the table and show the real issue they have. They want to bring a motion for sanctions against Plaintiffs.” The court stated that it would resolve claims and defenses on their merits rather than “through collateral litigation about attorney conduct and motions for sanctions.” Indeed, the court warned defendants that “if [their] position is that they intend to deny the existence of similarly situated individuals in discovery, notwithstanding the fact that such persons appear to exist, such conduct might merit a motion for sanctions. But it does not merit interlocutory review.” Second, defendants invoked the policies behind interlocutory appeals, but “they do so without taking the procedural step necessary to avail themselves of that appeal – proceeding through class certification proceedings. Indeed, Defendants have done everything in their power to delay and avoid such proceedings.” Turning to the requirements for interlocutory review under § 1292(b), the court applied the Sixth Circuit’s three-part test of In re City of Memphis, i.e., asking whether (1) there is a controlling question of law, (2) there exists substantial ground for difference of opinion, and (3) an appeal would materially advance the litigation’s termination. Certification is granted sparingly and only in exceptional cases, and the court called the order defendants sought to appeal “a run-of-the-mill discovery ruling. Nothing more, nothing less.” Defendants pointed to Article III standing as the controlling question, but the Sixth Circuit had already held that Eric Patterson has standing, and the actual question was whether the amended complaint entitles the plaintiffs to discovery about similarly situated persons, which is not a controlling question of law. Even if the first element were met, interlocutory review would not materially advance the litigation. With or without class proceedings, the parties must still go through discovery, dispositive motions, and trial, and given “heated proceedings between the parties that have spanned more than a decade,” the court saw no reason to expect an appellate ruling on a discovery dispute to advance the end of the case. In the end, “Defendants’ motion fails to meet the standard for certifying an interlocutory appeal. And the question is not even close.”

Ninth Circuit

Ouimet v. Engage3 Holdings, No. 2:26-cv-3560 DAD AC (PS), 2026 WL 3206088 (E.D. Cal. Oct. 26, 2026) (Magistrate Judge Allison Claire). Kenneth Joseph Ouimet, proceeding pro se, filed this action alleging ERISA claims against Engage3 Holdings, Inc. and other defendants and moved for a temporary restraining order. The motion asked the court to order Engage3 to produce “plan instruments, preserve administrative records, and transmit the produced governing documents to Mutual of Omaha Insurance Company” so that he could pursue long-term disability benefits. Ouimet argued that his “immediate injury is procedural and informational” because he could not know or satisfy the plan’s claim requirements, evaluate deadlines and limitations provisions, or present his claim “under the actual contract while governing instruments remain withheld.” The district judge referred the motion to the magistrate judge, who recommended that the motion be denied. Emergency relief without notice to the adverse party is available only where the movant “clearly show[s] that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition,” and the court’s local rules provide that “[e]xcept in the most extraordinary of circumstances, no temporary restraining order shall be granted in the absence of actual notice to the affected party and/or counsel.” Finding no such circumstances, the court construed the motion as one for a preliminary injunction, which has a less onerous showing, i.e., that the movant is likely to succeed on the merits, is likely to suffer irreparable harm absent relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. The motion failed first on irreparable harm. The court observed that the motion “reads more as a request for discovery than for a temporary restraining order.” Ouimet’s assertion that later monetary damages could not compensate for the harm of non-production was conclusory and unexplained, and the court was “unpersuaded that any harm would indeed be irreparable.” His motion did not present circumstances warranting emergency relief. As an independent basis for denial, the court held that Ouimet could not show a likelihood of success on the merits. In a separate order issued the same day, the magistrate judge screened the complaint and found that it did not comply with Rule 8, so that the court could not determine whether it presented any legally sufficient claim, and gave Ouimet leave to file an amended complaint. Because “there is currently no complaint before the court which states cognizable claims,” he could not establish a likelihood of success. The magistrate judge thus recommended that Ouimet’s emergency motion be denied.

Provider Claims

Fourth Circuit

Mercy Med. Ctr., Inc. v. Fidelis Software Solutions, LLC, No. 26-292-BAH, 2026 WL 3205754 (D. Md. Oct. 26, 2026) (Judge Brendan A. Hurson). Mercy Medical Center, Inc. sued Fidelis Software Solutions, LLC and Planned Administrators, Inc. (PAI) in state court for breach of contract, alleging that they failed to pay for inpatient care of a Fidelis health plan beneficiary at the rates set by the Maryland Health Services Cost Review Commission (MHSCRC). Fidelis provides health insurance to its employees, and PAI is the claims administrator for the Fidelis plan. PAI removed the case to federal court and moved to dismiss. In a July 30, 2026, decision, the court granted the motion for failure to state a breach of contract claim and directed Mercy to move for any relief related to service within fourteen days. (Fidelis had never been served.) (Your ERISA Watch covered this ruling in our August 5, 2026, edition.) Thirteen days later, Mercy moved to amend its complaint and to extend the time for service on Fidelis. Its proposed amended complaint abandoned the contract theory in favor of three counts: declaratory judgment (Count I), benefits under 29 U.S.C. § 1132(a) (Count II), and breach of fiduciary duty under § 1132(a)(3) (Count III). The court noted that because the motion sought post-judgment amendment, Mercy technically could not request leave to amend unless the court first vacated its judgment under Rule 59(e) or 60(b). Mercy had not asked for that relief, but because the court’s earlier opinion had signaled a willingness to consider amendment, the court liberally construed the motion to include it, citing a preference for “resolving cases on the merits, instead of on technicalities.” Regarding Mercy’s proposed amendments against PAI, the court agreed with PAI that they were futile. Each proposed count rested on the same assumption that defendants were contractually obliged to reimburse Mercy at MHSCRC rates, but, as the court explained in its prior order, the Commission sets hospital rates and “is not the source of any independent contractual obligation between provider, beneficiary, or plan.” Mercy still identified no authority that the Commission’s rate-setting function creates a contractual obligation among third parties, and it did not allege that the Fidelis plan itself sets reimbursement at MHSCRC levels. Because the amendments did not adequately respond to the court’s stated concerns, leave to amend as to PAI was denied. As for Fidelis, it and PAI are “differently situated in terms of their legal relationship to Mercy,” and PAI itself noted that its service agreement gives Fidelis, not PAI, final authority over plan interpretation and benefit payments and describes PAI’s duties as ministerial and non-fiduciary. Because this was Mercy’s first proposed amendment, and Fidelis had suffered no prejudice because it had not yet been served, the court granted leave to amend as to Fidelis. Finally, the court addressed Mercy’s motion to extend time for service regarding Fidelis. Mercy’s present counsel joined the case two days after PAI moved to dismiss, before the service deadline, and delayed serving because he believed that serving Fidelis “was inappropriate and would only run up their costs.” The court did not consider this to be good cause, but found that Mercy had acted in good faith by moving within the fourteen days the court allowed, had not sought a prior extension, requested only ten days, and the case was at an early stage. As a result, PAI remains dismissed, leave to amend as to Fidelis was granted, and Mercy was directed to file an updated amended complaint naming Fidelis as the sole defendant and to effect service on Fidelis within ten days of the date of the decision.

Remedies

Sixth Circuit

Williamson v. Lunar, No. 25-5790, __ F. App’x __, 2026 WL 3153191 (6th Cir. Oct. 21, 2026) (Before Circuit Judges Kethledge, Cole, and Mathis). In 2013, Larry Henning and three others left Charleston, South Carolina on a fishing vessel that shipwrecked off the coast of Florida. The Coast Guard found debris from the boat, but despite a multi-day search by the Coast Guard and the Florida Fish and Wildlife Conservation Commission, Henning’s body was never found. The Coast Guard told Henning’s estate that it was not authorized to issue a Letter of Presumed Death and instead issued a report stating that “Mr. Henning remains missing.” Henning was covered by an ERISA-governed accidental death policy issued by Life Insurance Company of North America (LINA) to American Maritime Officers Plans (AMOP). After plaintiff Robert Williamson was appointed curator of Henning’s estate in 2014, a woman named Ana Maria Lunar, who purported to be Henning’s widow, began communicating with the estate, the Coast Guard, and AMOP about claiming the benefits. AMOP rejected the marriage certificate she submitted, which was later determined to be forged. Two years later, the estate emailed AMOP to claim “any life insurance benefits that may become payable to the estate,” and AMOP forwarded the claim to LINA. LINA responded that it required “[a] finalized death certificate,” and when it did not receive one, closed the claim. The estate sued LINA, AMOP, and Lunar in 2018. Eventually, the claims against AMOP and Lunar were resolved, and only LINA remained. After a death certificate was finally issued, LINA ultimately paid benefits under the policy. The only remaining issue, then, was whether LINA was also required to pay interest on the benefits, and if so, whether attorney’s fees should also be awarded. The district court held that LINA did not abuse its discretion in requiring a death certificate, the policy did not require LINA to investigate Henning’s death further, and LINA had not breached the policy. It thus concluded that the estate was entitled to neither prejudgment interest nor attorney’s fees and granted LINA summary judgment. (Your ERISA Watch covered this ruling in our January 29, 2025, edition.) The estate appealed, arguing first that the district court improperly applied an arbitrary and capricious standard in deciding prejudgment interest, and alternatively that LINA wrongly withheld benefits even under that standard. On the first issue, the court held that the district court correctly used the arbitrary and capricious standard in deciding whether LINA wrongfully withheld benefits, because the policy conferred discretion. It required “[w]ritten or electronic proof of loss satisfactory to Us,” language that qualified as a grant of discretion under Sixth Circuit precedent in Perez v. Aetna Life Insurance Co. The appellate court ruled that the district court had applied that standard only to LINA’s proof-of-loss decisions and its demand for a death certificate, not directly to the interest question, and its conclusion that no interest was owed “correctly flowed from its finding that LINA had discretion as to when to pay the claim.” The estate responded that Perez was incorrectly decided, but “this panel has no power to overrule Perez” because in the Sixth Circuit a published opinion can be overruled only by an en banc court. As for the merits of the district court’s decision, the estate argued that LINA should have approved the claim at the outset because it had sufficient evidence to conclude that Henning was dead without a death certificate, or, at a minimum, LINA should have investigated the claim further. However, the Sixth Circuit concluded that LINA had no obligation to investigate because its policy placed the burden of providing satisfactory proof on the insured. Given the complexities of the claim, including the lack of a death certificate, the district court appropriately determined that the estate was not entitled to the benefits earlier than it received them, and because the benefits were received in a timely fashion, no interest was owed. As a result, the Sixth Circuit affirmed, holding that the district court did not abuse its discretion in denying prejudgment interest and attorney’s fees. (Disclosure: Kantor & Kantor represented the estate on appeal in this action.)

Retaliation Claims

Fourth Circuit

Callahan v. Carolina Veterinary Services PC, No. 1:26-CV-375, 2026 WL 3173688 (M.D.N.C. Oct. 23, 2026) (Judge Catherine C. Eagles). Brooke Callahan alleges in this action that she was fired while her disability accommodation request was pending. She began work as a receptionist for the two defendants, Carolina Veterinary Services PC and AVG of North Carolina LLC, in March 2025. In May 2025 she needed medical attention for polycystic ovarian syndrome and asked about the policy on missing work for medical reasons, and an assistant manager replied that “if you’re sick, you’re sick,” later declining her doctor’s note because “the company does not accept doctor’s notes.” After a manager directed her to the company’s third-party accommodations administrator, The Hartford, she was approved for personal leave from June 16 to July 18, 2025, while her accommodation request was pending. On June 24, before Hartford had made any decision, the human resources manager called and suggested that she resign because he did not think she would qualify for accommodations. On July 3 he told her that the request had been denied, her position had been filled, and her employer health insurance had ended effective July 1, and he later explained that the request was denied because she “went out on leave 60 days into her employment.” In her complaint Callahan asserted disability discrimination and retaliation under the ADA, wrongful discharge in violation of North Carolina public policy, and ERISA retaliation. Defendants moved to dismiss her amended complaint as an improper shotgun pleading and for failure to exhaust and to state a claim. In this order the court agreed the complaint was a shotgun pleading. Callahan did not specify who did what, which claim ran against which defendant, or even which defendant hired her. Facts offered in her response brief could not cure the problem, because “parties cannot amend their complaints through briefing or oral advocacy.” In an effort to avoid another round of briefing, the court addressed defendants’ other arguments. It ruled that Callahan failed to exhaust her ADA claim against Carolina Veterinary Services for failure to exhaust, because the EEOC charge named only AVG as her employer. On the merits, the court found the ADA claims largely plausible. Callahan properly alleged a disability, satisfactory performance, and termination while her request was pending, with the human resources manager’s comments supporting an inference of unlawful discrimination. Defendants’ argument that she did not allege that a “relevant decisionmaker” knew of her disability failed because she alleged that she told management, an assistant manager, the practice manager, Hartford, and the human resources manager. The ADA retaliation claim also survived because requesting an accommodation is protected activity, the timing and remarks supported causation, and it was reasonably related to the EEOC charge. However, the court held that any claim based on a failure to accommodate was not plausible because “it is not clear what accommodations she sought or what accommodations were denied.” The wrongful discharge claim failed because North Carolina’s narrow public policy exception requires an allegation that the defendant violated “an explicit statutory or constitutional provision,” and Callahan identified none in her complaint. Finally, Callahan’s ERISA retaliation claim under 29 U.S.C. § 1140 was also dismissed. She alleged only that her employer offered an ERISA health plan, ended her coverage, and sent a COBRA email, which were “minimal facts” that did not support an inference that she was exercising an ERISA right or was fired to interfere with one. Her complaint linked the loss of coverage to her request for disability leave and accommodations, not to any right under ERISA. As a result, defendants’ motion to dismiss was granted, but the court granted Callahan leave to amend.

Subrogation/Reimbursement Claims

Seventh Circuit

Central States Southeast & Southwest Areas Pension Fund v. Abraham, No. 26 CV 1827, 2026 WL 3181203 (N.D. Ill. Oct. 23, 2026) (Judge Jeremy C. Daniel). In this action Central States Southeast and Southwest Areas Pension Fund sued Margaret Abraham to recover an alleged overpayment of pension benefits. According to Central States, Stanley Jarecki, a Fund participant, died in 2017, but the Fund continued paying monthly benefits into his bank account through May 2021 in the total amount of $24,892. The Fund did not learn of his death until 2023. When the Fund sent a demand for payment to the bank, the bank explained that it could not return any funds because the account had been closed. The Fund argues that Abraham controlled the account, knew the Fund was still making deposits, and concealed Jarecki’s death. In its complaint it asserted breach of fiduciary duty under ERISA §§ 502(a)(2) and (a)(3) (Counts I and II), an equitable lien and constructive trust under § 502(a)(3) (Count III), and common law fraud (Count IV). Abraham moved to dismiss for failure to state a claim. On the fiduciary duty counts, the Fund’s theory was that Abraham is a fiduciary because she possesses the mistakenly paid benefits, which they contend remain Fund assets. The court held that this “does not pass muster” as a threshold matter because the complaint pleaded no facts showing that she “has the money.” It alleged only that the Fund deposited benefits into Jarecki’s account after his death and that the account was closed by the time the Fund contacted the bank. The complaint “pleads no facts that connect Jarecki, his bank account, or the mistaken payments” to Abraham. Because the complaint did not plausibly allege that Abraham was in possession of the overpaid benefits, the Fund could not establish that she was a fiduciary and thus the first two counts failed. Count III failed for a similar reason. An equitable lien requires a debt or obligation owed by the defendant and a res “particularly related to the debt or obligation.” Likewise, a constructive trust requires proceeds that exist as “an identifiable fund traceable to” the wrongful conduct. The plaintiffs identified the $24,892 as the res, but the complaint did not connect that money to Abraham, and “[t]he whereabouts of the money since then are unpled.” Without an identifiable asset or fund, the claim could not proceed, and Count III was dismissed without prejudice. Because the ERISA claims were dismissed, the court declined to exercise supplemental jurisdiction over the state law fraud claim in Count IV and dismissed it without prejudice. As a result, Abraham’s motion to dismiss was granted, albeit without prejudice.