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.

Bolton v. Inland Fresh Seafood Corp. of America, Inc., No. 24-10084, __ F. 4th __, 2026 WL 3056461 (11th Cir. Oct. 13, 2026) (en banc, opinion by Circuit Judge Adalberto J. Jordan)

This week’s notable decision comes from the Eleventh Circuit, which issued this en banc ruling addressing whether ERISA requires exhaustion of statutory claims. In our October 22, 2025, edition we covered the panel decision in this case (which was the case of the week) with the headline, “Statutory Claims in the Eleventh Circuit: The Beginning of the End for Exhaustion?” This week we found out that the answer to this question, as the title of this post gives away, was “yes.”

As a refresher, the dispute in this case arose from a leveraged employee stock ownership plan transaction. In November 2016, the Inland Fresh Seafood Corporation of America plan used the proceeds of a $92 million loan, guaranteed by Inland Fresh, to buy all of the company’s outstanding common stock from four of its officers and directors. Five former employees sued on behalf of the plan and a proposed class of its 578 participants, alleging that the price was inflated by false financial projections and far exceeded fair market value.

The employees named as defendants Inland Fresh, the plan’s committee, its trustee, and four officers and directors, and asserted under ERISA § 502(a)(2) and (a)(3) that defendants breached their fiduciary duties by causing the plan to overpay by tens of millions of dollars. They also alleged that the trustee failed to conduct proper due diligence.

Defendants moved to dismiss, arguing that plaintiffs were required to exhaust administrative remedies, they had not done so, and the deadline for doing so had long since passed. Plaintiffs argued that exhaustion was unnecessary and, alternatively, that the case should be stayed so that they could pursue it.

The Northern District of Georgia granted defendants’ motion to dismiss and denied a stay, ruling that it was bound by the Eleventh Circuit’s 1985 decision in Mason v. Continental Group, Inc., which imposed a mandatory administrative exhaustion requirement on statutory ERISA claims, including claims for breach of fiduciary duty. “That the Eleventh Circuit may be unique in requiring exhaustion of administrative remedies prior to filing suit,” the court wrote, “does not justify ignoring the requirement.”

Plaintiffs appealed, and a three-judge panel including Judges Adalberto J. Jordan and Jill Pryor affirmed. (The third judge was district judge Federico A. Moreno, sitting by designation.) The panel, like the district court, held that it was bound by Mason. However, Judge Jordan, joined by Judge Pryor, penned a concurrence in which the two called for the Circuit to reconsider Mason. The full court agreed to do so; it vacated the panel opinion, granted rehearing en banc, and the Department of Labor weighed in with an amicus brief.

Judge Jordan wrote the en banc opinion as well, and repeated many of the same concerns he had raised in his concurrence. The opinion unsurprisingly began with the text of ERISA, which contains no exhaustion requirement for statutory claims. Mason had acknowledged this, but justified its rule on policy grounds, namely that administrative procedures reduce frivolous suits, minimize costs, and allow plan trustees to do their jobs without “premature judicial intervention.”

However, the en banc court stated, “Whatever merits these and other policy arguments may have…it is not [our] province…to rewrite the statute to accommodate them.” The court noted that the Supreme Court (in Jones v. Bock, a Prison Litigation Reform Act case) had held that “crafting and imposing” exhaustion rules that “are not required” by statutory text “exceeds the proper limits on the judicial role.” Although Jones did not necessarily abrogate Mason under the circuit’s “strict abrogation standard,” it nevertheless demonstrated that “Mason erred in relying on policy considerations to create an atextual exhaustion requirement for statutory claims under ERISA.”

Next, the en banc court noted, as the district court and panel decision did before it, that Mason stood nearly alone. Seven circuits (the Third, Fourth, Fifth, Sixth, Ninth, Tenth, and D.C.) hold that plaintiffs asserting statutory ERISA claims need not exhaust them. Only the Seventh Circuit has a similar rule, but its rule is discretionary rather than mandatory. “So we stand alone in requiring mandatory exhaustion for fiduciary-breach and statutory claims under ERISA.”

Secondary authorities also supported the majority position. These observed that “neither the text nor the legislative history of ERISA indicates that Congress intended to require exhaustion for statutory claims,” and noted that suits alleging breach of fiduciary duty “involve statutory application rather than plan interpretation,” and thus administrators’ expertise “would be of little or no assistance to a reviewing court.”

Of course, overturning a decades-old precedent is not done easily, and thus the court was forced to tangle with stare decisis. Defendants urged the court not to “discard forty years of predictability.” The court thus considered four factors in determining whether Mason should be rejected: “the quality of the decision’s reasoning; its consistency with related decisions; legal developments since the decision; and reliance on the decision.”

The court concluded that all four factors “weigh heavily in favor of overruling Mason and its progeny[.]” On the first factor, the court found Mason “to be wanting” (with a cheeky citation to “A Knight’s Tale (Columbia Pictures 2001)”) for the reasons set forth above. On the second and third factors, the court stated that defendants “do not meaningfully grapple with the decisions of our sister circuits.” Defendants contended that ERISA’s silence gives courts discretion to require exhaustion, but the court disagreed. ERISA promises “ready access to the [f]ederal courts,” exhaustion delays that access, and fiduciaries accused of malfeasance “may well have a conflict of interest” in reviewing complaints against themselves. Nor did Congress’s inaction in “correcting” Mason impress the court, given the “whopping” 7-1-1 circuit split.

Finally, any reliance interests were “likely minimal. Although Mason added a procedural hurdle to litigation by grafting an exhaustion requirement onto ERISA, it did not alter the nature of available claims brought, duties owed, and remedies authorized under ERISA itself.”

Next, the court discussed how to apply the circuit’s new rule, with defendants requesting that it only be used prospectively. However, “we see no reason here to depart from the ‘normal rule of retroactive application.’” Even assuming the decision announced a new principle of law, the court determined that retroactivity furthers ERISA’s goal of “ready access to the federal courts,” and would not be inequitable, because the plan did not require exhaustion and the ruling did not expand liability for statutory claims.

Finally, the court turned to the issue of whether a benefit plan itself can mandate exhaustion even if ERISA does not require it. Here, the court was able to dodge the issue “because we conclude that the plan here does not mandate exhaustion for statutory ERISA claims.” Section 8.10 provided that a participant “need not file a claim” but “may submit a written claim,” and the court concluded that “may” in this context was “permissive, not mandatory.”

The court acknowledged that the district court and the panel had ruled otherwise, but those rulings “were rendered in the context of a different ERISA world” governed by Mason, under which such language was treated as merely reciting participants’ general rights under ERISA. “Having now overruled Mason to the extent discussed, we do not need to read the plan language with a Mason gloss.” The court also found its interpretation supported by the summary plan description, which told participants that they “may file suit in a federal court” in the event of a fiduciary breach. The Department of Labor, in its amicus brief, agreed that the plan’s internal review process was “voluntary, not mandatory.”

As a result, Mason is no more, and the Eleventh Circuit has now joined the lopsided majority of courts holding that ERISA does not mandate exhaustion for statutory claims, including claims for breach of fiduciary duty.

The ruling, of course, raises a host of questions. First, in a footnote the court emphasized that it was only addressing statutory claims and was not disturbing “our cases requiring exhaustion in cases where a plaintiff is challenging the denial of benefits under the terms of a plan governed by ERISA.” However, several of the arguments employed by the court regarding statutory claims apply equally to benefit claims. For example, if ERISA contains no language mandating exhaustion, why should exhaustion be required in any case arising under ERISA, regardless of how it is alleged? (Judge Thapar of the Sixth Circuit wondered this in his concurrence in Wallace v. Oakwood Healthcare, Inc., Your ERISA Watch’s case of the week in our April 8, 2020, edition.)

Second, the line between statutory claims and claims for benefits now carries more weight, since only the former escape exhaustion. How will the Eleventh Circuit decide which claims fall on which side of that line? Plaintiffs may now try to recharacterize benefit claims as breach of fiduciary duty claims in order to avoid exhaustion requirements, and courts in the circuit will have to determine how much creativity is allowed.

Third, while the court did not decide whether a plan is allowed to require exhaustion of statutory claims, it read ordinary permissive language (such as “need not” and “may”) as insufficient. Can plans include language requiring exhaustion in order to get around this decision? Does this decision also call into question benefit claim cases in which “may” is frequently read as “must” in the exhaustion context? (Notably, the Department of Labor signaled at oral argument that it would be skeptical of any efforts to circumvent the ruling: “[W]e don’t believe that…plaintiffs or employers should be able to contract away or force their employees to contract away their rights under ERISA.”)

As a result, while the outcome of this dispute was fairly straightforward, the consequences could be far-reaching for all types of cases under ERISA, in the Eleventh Circuit and elsewhere. Stay tuned for further developments!

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

Arbitration

Third Circuit

The Kraft Heinz Co. v. International Brotherhood of Teamsters Local Union 355, No. 24-580-GBW, 2026 WL 3071711 (D. Del. Oct. 14, 2026) (Judge Gregory B. Williams). Kraft Heinz operates a facility in Delaware where certain hourly employees are represented by Teamsters Local 355 and covered by a collective bargaining agreement (CBA). In 2023, Local 355 filed a grievance under the CBA on behalf of a former employee, claiming that Kraft Heinz had denied her, and similarly situated individuals, participation in a company-sponsored ERISA-governed retiree health plan in violation of the CBA. When the grievance went unresolved, Local 355 filed an arbitration demand. Kraft Heinz refused to arbitrate, asserting that the grievance was not arbitrable under the CBA. Kraft Heinz then brought this action in 2024, seeking preliminary and permanent injunctive and declaratory relief barring arbitration. Local 355 answered with a counterclaim to compel arbitration but consented to the preliminary injunction. In November 2025, the parties agreed to resolve the case on cross-motions for summary judgment; this order was the result. The court noted that “[a]rbitration is the preferred method for resolving disputes between a union and an employer,” and a presumption of arbitrability applies unless it can be said “with positive assurance” that the clause cannot be read to cover the dispute. The court used a three-step approach, asking (1) does the dispute fall within the scope of the arbitration clause, (2) does another contract provision expressly exclude arbitration, and, if not, (3) is there any other “forceful evidence” of an intent to exclude it. On scope, the court found the arbitration clause quite broad, covering differences “concerning the meaning, application or interpretation of specific provisions of this Agreement.” Because the CBA expressly addressed post-retirement benefits, the presumption of arbitrability applied. The court rejected Kraft Heinz’s argument that eligibility was governed by the retiree benefit plan rather than the CBA, reasoning that this “conflates the question of whether the arbitration clause’s scope is broad, with whether the issue of eligibility is excluded vis-à-vis other language in the contract or external evidence.” However, on step two, the court ruled that the presumption was overcome by other language in the CBA. Section 26(K), titled “Plan Documents Govern,” provided that the extent of coverage under all benefit programs is governed by the applicable policies and plan documents and that “[a]ny questions or disputes concerning any benefit programs will be resolved in accordance with the terms and conditions set forth in the applicable insurance policies or plan documents.” Local 355 argued that the provision addressed the “extent of coverage,” not eligibility, but the court disagreed: the language “evinces a clear intent to expressly exclude disputes over post-retirement benefits” from the arbitration procedures, and it found “no reason to read eligibility grievances out of such a broadly worded provision.” The plan documents further supported the court’s ruling because they gave the plan administrator “complete discretionary authority to interpret and construe the terms of the Plan,” including eligibility for it, and set out a procedure for eligibility disputes that did not include arbitration. As a result, the dispute at issue was not arbitrable. The court cautioned that ERISA-governed benefits are not categorically excluded from arbitration, and that without explicit language pointing to alternative procedures a broad clause may apply. But “when there are clear indications that the parties intended for separate procedures to govern benefits grievances, as here, a CBA’s arbitration provision cannot override that intent.” As for a remedy, the court agreed with Kraft Heinz that a permanent injunction was appropriate. Under Third Circuit authority, a party forced to arbitrate a matter it did not agree to arbitrate is “irreparably harmed as a matter of law,” and Kraft Heinz had no adequate remedy at law. Furthermore, Local 355 offered no evidence of hardship from being required to follow the plan’s procedures. Finally, while public policy strongly favors arbitration, it only does so when “the specific dispute falls within the scope of the clause.” As a result, the court granted Kraft Heinz’s motion for summary judgment and will enter injunctive relief enjoining Local 355 from arbitrating disputes over eligibility for post-retirement benefits.

Breach of Fiduciary Duty

First Circuit

Taylor v. BDO USA, P.C., No. 25-cv-10128-DJC, 2026 WL 3120806 (D. Mass. Oct. 19, 2026) (Judge Denise J. Casper). In 2023, the giant accounting firm BDO USA established an employee stock ownership plan that purchased 42% of BDO’s stock for roughly $100 per share, or $1,242,025,992. BDO financed the deal with a loan from Apollo Global Management affiliates (the “Apollo Loan”) carrying an 11.36% interest rate and then lent the proceeds to the ESOP through a separate loan (the “BDO Loan”). State Street Global Advisors Trust Company served as the ESOP’s independent trustee for the transaction and approved the terms. Afterward, the board replaced State Street with a committee of BDO insiders. Tristin Taylor, a BDO employee since 2019 who is 20% vested in his ESOP account, sued BDO, its board, and the individual trustees. He asserted prohibited transaction claims under ERISA § 406(a) and (b), a claim that BDO and the board failed to monitor State Street under § 404(a), and a co-fiduciary claim under § 405(a). He alleged that the ESOP overpaid because BDO’s revenue included client “credits,” declining audit performance and oversight scrutiny were hidden from State Street, the price carried no discount for lack of control, the financing was unreasonably costly, and certain shareholders received warrants at $59 per share. Last year Judge Richard G. Stearns dismissed Taylor’s complaint without prejudice, finding that Taylor pointed “to no instance in which a tangible loss of value was actually incurred” and had not plausibly alleged overpayment or that State Street failed to consider the facts he cited. (Your ERISA Watch covered this ruling in our August 27, 2025, edition.) Taylor amended his complaint to add allegations about State Street, after which Judge Stearns recused himself. Now in front of Judge Casper, defendants again moved to dismiss. The court addressed jurisdiction first and weighed Taylor’s two theories of injury. One was that the Apollo Loan’s excessive interest reduced the shares allocated to his account by at least ten shares, or $650. The other was that overvaluation reduced his allocation by at least seven shares, or $450. On the Apollo Loan theory, the court noted that the ESOP document defined an “Exempt Loan” as a loan made to the ESOP by a “Disqualified Person” and releases shares for allocation as the Exempt Loan is paid. The BDO Loan, not the Apollo Loan, fit that definition. Furthermore, the credit agreement governing the BDO Loan set its interest rate at only 3.96%. The court found it “difficult…to follow” how the Apollo Loan’s rate led to fewer shares in Taylor’s account. His broader argument that the loan strained BDO’s finances was too generalized to rescue him; BDO’s incurred “$42 million” in interest expenses was “a line item with neither label nor explanation as to its provenance.” In short, Taylor’s claims were “undercut by the record” and the court could not identify a tangible loss traceable to the Apollo Loan. On Taylor’s overpayment theory, the court found that he offered “no factual suggestion” that State Street lacked qualifications or failed to perform due diligence. The amended complaint added allegations that State Street was absent from the emergency meeting approving the deal and was given inflated earnings and incomplete oversight information. But State Street’s valuation relied on “other things,” and Taylor said nothing about the sufficiency of its process. The court agreed that hiring an independent trustee “is not a whitewash,” but distinguished Taylor’s authorities by noting that this was not a case in which the expert did not know the valuation’s purpose, valued the wrong entity, or never considered the transaction. The court also distinguished various other ESOP standing decisions Taylor cited. In each, the trustee that approved the transaction was a defendant, whereas State Street was not named here. Allegations that defendants fed State Street faulty information “do not support the next inference necessary to establish overpayment, i.e., that State Street’s ability to value BDO was so compromised as to be unreasonable, or above fair market value, regardless of their own good faith and due diligence.” Taylor thus had not plausibly alleged that State Street’s valuation “was unreasonable, made in bad faith, or otherwise in breach of their fiduciary duties, so as to constitute an overpayment.” The court thus granted defendants’ motion to dismiss with prejudice.

Sixth Circuit

Watt v. FedEx Corp., No. 2:23-cv-02593-TLP-atc, 2026 WL 3084150 (W.D. Tenn. Oct. 15, 2026) (Judge Thomas L. Parker). Five retired FedEx pilots sued FedEx Corporation, the FedEx Corporation Employees’ Pension Plan, the Retirement Plan Investment Board of FedEx Corporation, and its individual members in this putative class action. The plan is a defined benefit plan that offers 50%, 75%, and 100% joint and survivor annuities (JSAs), with the 50% JSA as the default. Plaintiffs allege that the plan’s JSAs are not “actuarially equivalent” to single life annuities (SLAs), in violation of ERISA § 1055(d), because the plan uses outdated mortality tables and an improper interest rate. Each named plaintiff retired after normal retirement age and alleged a monthly shortfall measured against the SLA payable at his annuity starting date. Plaintiffs’ original operative complaint was dismissed by the district court on the ground that they had failed to allege that using the relevant mortality table violated ERISA’s actuarial equivalence requirement. Earlier this year, the Sixth Circuit reversed this ruling in a published decision, Reichert v. Kellogg Co. (resolving the same issue in suits involving Kellogg and FedEx), which held that § 1055(d) “prohibits employers from using unreasonable, inappropriate actuarial assumptions.” The appellate court did not reach FedEx’s “two additional grounds for dismissal,” which the district court had not considered, and remanded for the district court to address them in the first instance. (For more information, check out our March 25, 2026 coverage, in which Reichert was the case of the week.) Now the case is back in district court, where defendants filed a renewed motion to dismiss. (Their concurrent motion to stay discovery was denied.) Defendants argued: (1) plaintiffs “did not show that the benefits they received were less than the ‘actuarial equivalent’ of their ‘accrued benefits’”; (2) three of the plaintiffs elected 100% JSAs, and these options were not covered by § 1055(d)’s requirements; and (3) defendants did not breach any fiduciary duty. On the first argument, defendants contended that “accrued benefit” means the annual benefit payable at “normal retirement age,” so plaintiffs had to allege that their JSAs were worth less than that benefit. Defendants also invoked § 1055(g), which looks at the “normal retirement age” in calculating lump sums. Plaintiffs responded that they retired after normal retirement age and appropriately compared their JSAs to the larger SLAs payable at their actual annuity starting dates. The court sided with plaintiffs. They had pleaded outdated actuarial assumptions and specific dollar shortfalls, which was enough under Reichert. Furthermore, Section 1002(23)(A) defines “accrued benefit” “except as provided in section 1054(c)(3),” and that exception reaches benefits other than an annual benefit commencing at normal retirement age. Citing Sixth Circuit authority, the court explained that an accrued benefit paid at another time “must be worth at least as much as” the normal retirement age annuity. The § 1055(g) argument fared no better because it did “not address the issue here.” The court also found defendants’ arguments about subsidized early or late benefits beside the point, because plaintiffs retired late and the larger SLA simply reflected the same aggregate value spread over fewer months. Defendants’ second argument was that three plaintiffs elected 100% JSAs, which was not “the QJSA” because the plan designates the 50% JSA as the appropriate QJSA. The court held that this argument “rests on a thin reed,” stating that nothing in the statute’s reference to “an annuity” limits a plan to a single QJSA. The court found that a plan can have more than one QJSA and defendants’ narrower reading would risk stripping ERISA’s protections from participants who choose a non-default option. Thus, a 100% JSA “comfortably satisf[ies]” § 1055(d)(1). Finally, the court rejected defendants’ challenge to plaintiffs’ breach of fiduciary duty claims. Because the claims were derivative and Reichert had already held that plaintiffs plausibly alleged violations of § 1055 and breach of fiduciary duty, the claims survived on that basis alone. The court nonetheless independently found plaintiffs’ claim sufficiently pleaded because defendants were, at a minimum, functional fiduciaries, and plaintiffs alleged that their actions “unlawfully caused participants and beneficiaries not to receive required actuarially equivalent benefits and to lose vested benefits,” to the tune of “millions of dollars.” The court thus denied defendants’ motion to dismiss.

Tenth Circuit

Harrison v. Envision Management Holding, Inc. Board of Directors, No. 1:21-cv-00304-CNS-MDB, 2026 WL 3059499 (D. Colo. Oct. 2, 2026) (Judge Charlotte N. Sweeney). This is a five-year-old certified class action that has already been up to the Tenth Circuit and back. (For more about that trip, see our February 15, 2023, edition.) The plaintiffs are participants in the Envision Management Holding, Inc. employee stock ownership plan, and the defendants include Envision’s board of directors, the plan’s committee, Argent Trust Company, and several individuals. Plaintiffs allege that the plan overpaid by at least $23.4 million for the Envision stock it purchased from the sellers, thus violating ERISA’s prohibited transaction provisions, among others. With a bench trial approaching, the parties filed a “Joint Statement of Trial Issues” seeking clarification of the burden allocations for the prohibited transaction claims. The court first addressed defendants’ argument that “failure to show overpayment dooms Plaintiffs’ claims as a standing matter.” The court disagreed, holding that defendants “conflate[d]” whether plaintiffs must prove overpayment as an element on the merits with whether they have alleged an injury sufficient to bring their claims at all. Those inquiries are “distinct,” and thus the court “decline[d] Defendants’ invitation to import an issue that attends the merits of Plaintiffs’ claims into the Court’s analysis of Plaintiffs’ standing.” Plaintiffs plausibly alleged an overpayment injury of at least $23.4 million in their complaint, and standing is assessed as of the time an action is brought. Thus, plaintiffs “identif[ied] an injury” that satisfied the Supreme Court’s test in Cunningham v. Cornell Univ., and “dismissal of their claims on the eve of trial is improper.” On the merits, the parties did not dispute that plaintiffs bear the burden on the three elements of a § 1106(a)(1)(C) claim, or that the burden would shift to Argent to prove that an exemption under § 1108 applies. However, defendants argued that plaintiffs must additionally prove causation of loss under § 502(a)(2) and entitlement to appropriate equitable relief under § 502(a)(3) before the burden shifts. The court rejected this as well, noting that “[n]umerous cases have rejected, explicitly or implicitly, this argument… Fundamentally, ‘requiring such a causal link would be contrary to Congress’s creation of per se violations under § 406.’” Defendants relied on a Tenth Circuit decision (Pioneer Centres Holding Co. Emp. Stock Ownership Plan & Tr. v. Alerus Fin., N.A.) which placed the burden of proving causation on the plaintiff in a breach of fiduciary duty claim. The court was not persuaded, however, noting that Pioneer Centres involved claims under § 1104 rather than prohibited transaction claims under § 1106, and in any event “Cunningham ultimately controls.” Furthermore, “where the Tenth Circuit has considered prohibited transactions claims, it has resisted precisely the causation requirement that Pioneer Centres imposes on breach of fiduciary claims.” Finally, the court rejected defendants’ argument that Cunningham only addressed pleading issues and did not provide “broader instruction as to what Plaintiffs must prove at trial.” The court discerned “no such limitation,” and approvingly cited the recently-decided Bowers v. Russell (covered in our June 3, 2026, edition), which applied Cunningham in analyzing evidence after a twelve-day bench trial. Thus, defendants’ attempts to throw up roadblocks were all rejected, and the case remains on track for trial.

Discovery

First Circuit

Hannon v. Guardian Life Ins. Co. of Am., No. 25-13431-LTS, 2026 WL 3093200 (D. Mass. Oct. 16, 2026) (Judge Leo T. Sorokin). Thomas Hannon sued Guardian Life Insurance Company of America under state law arising from Guardian’s reduction and eventual termination of his disability benefit payments. At Guardian’s request, the court bifurcated the case. Phase I concerns whether ERISA preempts Hannon’s state law claims, and the court set a schedule allowing roughly three months of “wide-ranging” discovery on that issue without limitations. At the outset of that period, Guardian produced its claim file and served initial disclosures under Federal Rule of Civil Procedure 26(a)(1) stating that it “refers to the individuals identified in the claim file previously produced” and that its employees “may be contacted through counsel for Guardian.” Guardian later filed its brief on ERISA preemption and attached a declaration from its employee Anne Albrecht describing the formation of the policy at issue. Hannon moved to strike the declaration under Rule 37 or, alternatively, for leave to depose Albrecht and obtain the documents she relied on in preparing it. He contended that Guardian’s initial disclosures violated Rule 26(a) by failing to identify Albrecht and the subjects of her knowledge. As a threshold matter, the court noted that it was unclear whether initial disclosures were required at all, given Rule 26’s exemption for any “action for review on an administrative record,” a point the parties disputed. It assumed that they were, because the court had not yet resolved whether ERISA preempts Hannon’s state law claims. The court agreed with Hannon that Guardian’s disclosure was deficient, as Rule 26(a)(1)(A)(i) requires both the name of each individual likely to have discoverable information and the subject of that information, and Guardian “failed to disclose the subject of the information that Albrecht – or any other individual named in the claim file – possessed.” However, in response Hannon “took no action whatsoever.” He never moved to compel a fuller disclosure, and the deadline under the court’s scheduling order had “long passed.” He also had served no discovery. Guardian, by contrast, deposed the president of Hannon’s employer, the State Police Association of Massachusetts, and obtained and shared the Association’s documents, more than half of which named Albrecht in their titles. Hannon, the court wrote, “now (and only now) cries foul.” As a result, the court rendered three rulings. First, it declined to exclude Albrecht’s declaration under Rule 37(c)(1). Hannon was on notice as to Albrecht’s role and knowledge and was therefore not prejudiced by Guardian’s failure to list her or her topics. Second, the court refused to allow Albrecht’s deposition. Hannon “essentially asks for the opportunity to await Guardian’s brief on ERISA preemption, evaluate its legal and factual arguments, and only then seek a deposition of Albrecht – after declining to do so during the fact discovery period the Court established for Phase I.” According to the court, “[t]hat is neither fair nor proper.” Third, although the court preferred “resolution of cases on the merits,” that preference “does not support allowing the deposition of Albrecht in the present factual circumstances, where Hannon understood the focus of Phase I discovery, learned of Albrecht’s identity and role, took no discovery whatsoever, and awaited the filing of Guardian’s brief on ERISA preemption before seeking a deposition.” As a result, the court mostly denied Albrecht’s motion to strike, although it did require Guardian to disclose the documents Albrecht relied on in preparing her declaration, to the extent not already identified and produced.

Life Insurance & AD&D Benefit Claims

Sixth Circuit

Thomas v. UACJ Automotive Whitehall Industries, Inc., No. 1:25-cv-944, 2026 WL 3056814 (W.D. Mich. Oct. 13, 2026) (Judge Hala Y. Jarbou). In this action Nolan Thomas seeks $250,000 in death benefits under an ERISA-governed voluntary life insurance plan. His late husband, Andre Thomas, worked for UACJ Automotive Whitehall Industries, Inc. and was a participant in the plan, which was insured by United of Omaha. Voluntary coverage under the plan ranged from $5,000 to $300,000 but could not exceed “5 times [] Annual Earnings, rounded to the next higher multiple of $5,000,” and coverage above $100,000 required an “evidence of insurability” form. Andre signed up for $300,000 in coverage, which exceeded the maximum for which he was eligible. For ten weeks beginning January 6, 2023, UACJ withheld premiums consistent with $300,000 in coverage from Andre’s paycheck, but it never confirmed his election or told him he was ineligible for the maximum. Andre died on March 6, 2023. UACJ “stopped responding” to Thomas’s inquiries, and United of Omaha closed his claim because he could not obtain UACJ’s signature on the relevant form. Subpoenas to UACJ in 2024 allegedly went unanswered. After UACJ finally sent the form in 2025, United of Omaha reopened the claim and paid Thomas $50,000 under the voluntary plan. Thomas sued UACJ under ERISA § 502(a)(3) for breach of fiduciary duty. After UACJ failed to answer, the court denied default judgment because no equitable remedy authorized monetary relief from UACJ’s general assets and because UACJ could not be made to disgorge premium overpayments it had passed on to United of Omaha. Thomas thus filed an amended complaint against UACJ, replacing the (a)(3) claim with a § 502(a)(1)(B) claim for the outstanding $250,000 and a § 502(c) claim for penalties based on UACJ’s failure to respond to his document requests. UACJ defaulted again, so Thomas renewed his motion for default judgment. On the benefits claim, the court found that the plan schedule and summary plan description did not support Thomas. Both capped coverage at five times salary, and Andre never submitted the proof of insurability required above $100,000. Next, the court addressed equitable estoppel, but the court was unsure whether this cause of action arose under § 502(a)(1)(B) or § 502(a)(3). The Sixth Circuit did not clarify the statutory basis in Sprague v. General Motors Corp., but in Pearce v. Chrysler Group LLC Pension Plan it suggested that (a)(3) is the proper vehicle. The court declined to wade “deeply into this morass” because either way Thomas had not alleged that UACJ intended to mislead Andre. “The unfortunate reality is that the voluntary plan unambiguously forecloses Andre’s eligibility for the maximum life insurance coverage. Plaintiff understandably focuses on UACJ’s omissions and misrepresentations, but they do not create a ‘plan’ for purposes of relief under § 502(a)(1)(B). Therefore, no recovery is available to him.” Thomas’s alternative due process theory fared no better, because the court stated that a substantive remedy cannot rest solely on a procedural violation, and any “dearth of process” was Thomas’s own doing. The plan set out a clear appeal procedure, but he “ignored the claims appeal process and instead chose to file this action… Having not followed the voluntary plan’s established procedures, Plaintiff is in no position to argue today that they were inadequate.” Finally, the court addressed Thomas’s § 502(c) claim. The court found that Thomas’s request for documents reasonably swept in the plan and summary plan description, and the court considered it a “colorable” demand because UACJ could have asked for clarification and knew why Thomas wanted the information. However, Thomas’s pleadings were inconsistent about whether UACJ ever responded, and he never explained how he eventually came to possess the plan and summary plan description, which “comprehensively lay out the terms and conditions of the voluntary plan.” Nor did he allege prejudice, a “logical concern” in imposing penalties that asks whether the claimant is “in a worse position because of [the] delays.” As a result, “Given the apparent lack of articulated purpose for the document requests combined with the absence of prejudice, the Court declines to award statutory penalties.” As a result, Thomas’s motion for default judgment against UACJ was denied in its entirety.

Medical Benefit Claims

Seventh Circuit

E.M. v. Blue Cross & Blue Shield of Ill., No. 25 C 14849, 2026 WL 3121299 (N.D. Ill. Oct. 19, 2026) (Judge Jorge Alonso). E.M., a participant in an ERISA-governed health plan administered by Blue Cross and Blue Shield of Illinois, and E.M.’s child K.M. sued after BCBS denied full coverage for roughly ten weeks of treatment K.M. received for mental health and substance abuse problems at Open Sky Wilderness Therapy. The denial left plaintiffs $48,000 out of pocket. The plan covers “Mental Illness and/or Substance Use Disorder” and provides benefits for treatment in a “Residential Treatment Center” (RTC), which the summary plan description (SPD) defines as a licensed facility offering a defined course of therapeutic intervention in a controlled environment. The definition, however, excludes “wilderness programs” and “other facilities that provide primarily a supportive environment and address long-term social needs, even if counseling is provided in such facilities.” A separate exclusion bars “[b]ehavioral health services provided at” behavioral modification facilities, boot camps, and “wilderness programs,” among others, “except for Covered Services provided by an appropriate Provider as defined in this Certificate.” Plaintiffs asserted a claim for benefits under ERISA § 502(a)(1)(B) and a claim for equitable relief under § 502(a)(3) based on a violation of the Mental Health Parity and Addiction Equity Act (Parity Act), 29 U.S.C. § 1185a. BCBS moved to dismiss both claims for failure to state a claim. On the benefits claim, BCBS first argued that Open Sky did not fall within the exclusion’s “appropriate Provider” exception because the SPD’s definition of “Professional Provider” is limited to individual practitioners. The court was “not clear why” BCBS was importing that term into an exception that refers only to a “Provider,” a term the SPD defines broadly to include “any health care facility” or “entity.” BCBS’s reply brief shifted ground, arguing that the exception did not apply because K.M.’s stay did not provide “Covered Services,” since Open Sky is neither an RTC nor a “Behavioral Health Practitioner.” The court noted that plaintiffs had appeared to disclaim RTC status in their administrative appeal but now argued that Open Sky qualified as an RTC. BCBS countered that the RTC definition itself excludes wilderness programs, so reading the plan to cover a facility called “Open Sky Wilderness Therapy” would “swallow the exclusion.” The court was not convinced because that argument “does not fully account for what appears to be a proviso” in the RTC definition. The court read the language about a “supportive environment” and “long-term social needs” to mean that a facility providing a high “degree of security, supervision [and] structure,” as serious conditions requiring urgent attention might demand, is not subject to the exclusion. The court was not sure based on the pleadings whether Open Sky qualified. Plaintiffs alleged that K.M. received “intensive mental health treatment” for “severe” disorders at a facility providing an “intermediate” level of care, but “[t]here is little other information before the Court at this early stage.” BCBS countered with billing revenue codes, but the court lacked “the factual context it would need” to assign them significance. It was therefore at least plausible that the treatment exceeded a merely supportive level, and the question required factual development. As for BCBS’s argument based on the “Behavioral Health Practitioner” language, the court noted that, “Strangely, the SPD contains two definitions for ‘Professional Provider,’” and thus the term was ambiguous and could not be resolved at the pleading stage. BCBS’s motion to dismiss plaintiffs’ benefits claim was thus denied. Turning to the Parity Act, plaintiffs argued that the wilderness program exclusion is a nonquantitative treatment limitation based on “geographic location” or “facility type” with no counterpart for medical or surgical benefits. BCBS responded that the plan would not cover analogous alternative-setting medical services, such as camps for weight loss, diabetes, childhood cancer, or traumatic brain injuries, because they fall within a general exclusion for “services or supplies that are not specifically mentioned,” and that the wilderness exclusion is “of a piece” with the plan’s exclusion of custodial care at skilled nursing facilities. “These arguments are strained,” the court found. “It is inescapable that the plan language regarding wilderness programs, RTCs, etc., is substantially different from the plan language regarding skilled nursing, custodial care, etc.” Plaintiffs thus plausibly alleged that BCBS invoked the exclusion to deny coverage at an intermediate mental health facility while imposing no similar restriction on analogous skilled nursing services. The court ruled that, at this stage, “the relevant comparison is not whether benefits for wilderness therapy are available for medical/surgical patients, but rather whether the Plan has chosen to provide benefits for skilled nursing facilities and rehabilitation centers for medical/surgical patients, but chosen to deny benefits to those with mental health conditions who seek coverage for a residential treatment center offering wilderness therapy.” As a result, BCBS’s motion to dismiss was denied in full.

Pleading Issues & Procedure

Second Circuit

Konyukhova v. Walgreen Co., No. 1:24-cv-04390 (VEC) (SDA), 2026 WL 3078610 (S.D.N.Y. Oct. 15, 2026) (Magistrate Judge Stewart D. Aaron). Pro se plaintiff Esmiralda Konyukhova sued Walgreen Company, its disability plan and health and welfare plan, the welfare plan committee, and Sedgwick Claims Management Services, asserting a range of ERISA, Americans with Disabilities Act (ADA), and New York State Human Rights Law (NYSHRL) claims. On March 31, 2026, the court adopted the magistrate judge’s report and recommendation and dismissed with prejudice the claims against the Walgreen defendants for benefits under ERISA Section 502(a)(1)(B), under ERISA § 510, and for failure to engage in an interactive process under the ADA and the NYSHRL. The court also dismissed with prejudice every claim against Sedgwick except an ERISA § 502(a)(3) claim based on “incomplete or misleading communications regarding the terms of the Plan, her claim status, her benefits, and her requests.” Konyukhova was granted leave to amend only her NYSHRL retaliation claim. Meanwhile, her request to file an amended complaint seeking statutory penalties under ERISA § 502(c) was referred to the magistrate judge. (Your ERISA Watch covered this ruling in our April 8, 2026, edition.) Konyukhova then moved for leave to file an amended complaint which included the two claims she was allowed to bring pursuant to the court’s order. However, she also sought to assert a new claim under New York Labor Law § 215 and numerous claims that had previously been dismissed with prejudice. On August 18, 2026, the magistrate judge denied leave and directed that the case proceed on the remaining claims. Konyukhova moved for reconsideration and filed objections to the order. The magistrate stayed litigation on the objections while he addressed the reconsideration motion. The magistrate explained that under Federal Rule of Civil Procedure 60(a), reconsideration is available only if there is an intervening change of controlling law, new evidence, or the need to correct a clear error or prevent manifest injustice, and the standard is “strict.” The magistrate ruled that Konyukhova identified no oversight or omission warranting relief under Rule 60. Nor did she meet the reconsideration standard on any claim. She argued that the court overlooked her “documented complaints” in analyzing her NYSHRL retaliation claim, but “[t]his simply is not true” because the August 18 order expressly addressed those complaints, and she cited no overlooked controlling decisions. As for the § 502(c) claim, Konyukhova pointed to errors she believed the magistrate had made rather than “controlling decision or data” it had overlooked, and her reply papers asked the court “to correct the identified errors in its application of existing law.” Finding no clear error, the court explained that reconsideration “is not a substitute for [an] appeal.” Any asserted errors thus would have to be addressed by Judge Valerie E. Caproni, the assigned district court judge, in ruling on the objections. As for Konyukhova’s NYLL § 215 claim, it exceeded the scope of the leave the district court had granted her, and she raised no controlling decision overlooked in connection with that ruling. Finally, the magistrate wanted no part of Konyukhova’s request that the court certify issues for interlocutory appeal under 28 U.S.C. § 1292(b). That request “must be addressed to Judge Caproni, and not the undersigned.” Konyukhova’s motion for reconsideration was thus denied.

Remedies

Supreme Court

Aldridge v. Regions Bank, No. 25-590, __ S. Ct. __, 2026 WL 3053539 (U.S. Oct. 13, 2026). In this case former Ruby Tuesday managers who lost pension benefits under two unfunded top-hat plans when the company went bankrupt sued Regions Bank, which was the trustee of the rabbi trust that backed the plans. The managers asserted a claim under ERISA § 502(a)(3) seeking equitable surcharge, along with state law claims for breach of fiduciary duty, breach of trust, breach of contract, and negligence. The district court dismissed the state law claims as preempted by ERISA and granted summary judgment to Regions on the (a)(3) claim. The Sixth Circuit affirmed in July 2025. One of its rulings was unexceptional: it agreed that the state law claims were preempted. Its second ruling was more controversial. The Sixth Circuit “side[d] with the Fourth Circuit” (in Rose v. PSA Airlines, Inc.) in holding that equitable surcharge is unavailable as a remedy under ERISA § 502(a)(3). The court stated that (1) any discussion of surcharge by the Supreme Court in CIGNA Corp. v. Amara was dicta, (2) this dicta conflicted with a prior Supreme Court ruling, Mertens v. Hewitt Associates, (3) Sixth Circuit precedent had rejected surcharge against a breaching fiduciary before Amara, and (4) a subsequent Supreme Court decision, Montanile v. Board of Trustees, had “distanced” the Court from Amara’s dicta. (This decision was the case of the week in our July 23, 2025 edition.) The managers sought review from the Supreme Court, asking it to decide whether a beneficiary may seek surcharge under ERISA § 502(a)(3), and if surcharge is unavailable, whether a beneficiary “may pursue state-law claims…or whether these state-law claims are preempted, thereby leaving the beneficiary without a remedy under either federal or state law.” In support of their petition, the managers pointed to the circuit split on the issue, with the Second, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits permitting surcharge and the Fourth and Sixth Circuits now barring it. The federal government weighed in on the petition, arguing that this case was “a poor vehicle” for deciding the issue because “the top-hat plan at issue here differs in significant respects from typical ERISA plans, and the defendant in this case is not subject to ERISA’s fiduciary provisions.” In this order the Supreme Court denied the petition without comment, leaving the Sixth Circuit’s decision, and the circuit split, in place. The battle over equitable surcharge will thus have to be fought another day.

Severance Benefit Claims

Third Circuit

Isaacs v. Novartis Pharmaceuticals Corp., No. 25-13626 (GC) (JBD), 2026 WL 3082705 (D.N.J. Oct. 15, 2026) (Judge Georgette Castner). Andrew Isaacs was hired by Novartis Pharmaceuticals Corporation in 2020 as Chief of Staff, Commercial Acceleration, and was promoted twice. In this action he alleges that he received “outstanding” performance reviews, but that three employees filed complaints about comments he made between 2021 and 2023, each of which Novartis found unsubstantiated and dismissed. He received a final warning in January 2024 “purportedly based on the prior complaints,” and on June 3, 2024, after a fourth employee complained, Novartis terminated him for cause due to misconduct. Isaacs alleged that he was given no “meaningful opportunity” to challenge the complaints, that he was told only his manager could appeal and that his manager declined, and that Novartis told him “there was ‘no process’ to challenge the ‘for cause’ nature of his termination.” He claimed that his employment terms and the company’s severance policy entitled him to a severance package worth just over $1 million, consisting of nine months of pay, a cash bonus for 2024, and unvested stock options. Isaacs brought his suit in state court, asserting breach of contract, quantum meruit, unjust enrichment, and a violation of the New Jersey Wage Payment Law. Novartis removed based on ERISA preemption. The parties then filed dueling motions: Isaacs moved to remand while Novartis moved to dismiss. In this order the court first addressed preemption because it was the basis for jurisdiction, noting that it was Novartis’ burden to establish jurisdiction. Isaacs did not dispute that Novartis’s severance pay plan was governed by ERISA, so the question was whether he was a participant or beneficiary with a “colorable claim” to vested benefits, a burden “less exacting than that needed to establish a likelihood of success on the merits.” Despite the low bar, the court held that Isaacs had no colorable claim. The plan’s “Exclusions from Eligibility” provision makes an employee ineligible for severance pay if terminated “for poor performance which, in the opinion of the company, was…misconduct.” According to the court, then, “by the plain language of the Plan, when Defendant terminates an employee and identifies the cause as poor performance due to misconduct, the terminated employee is ineligible for the Plan’s benefits.” Although Isaacs disputed the grounds for his termination, he did not allege that he used the plan’s appeal process, which required a written application to the plan administrator within 90 days of termination, and alleged instead that he was told “there was no process to challenge” his termination. Novartis argued that Isaacs was a participant because he “may become eligible to receive a benefit,” he did not need to show “a present, undisputed right to payment,” and that the jurisdictional question is whether he can assert a “non-frivolous claim.” The court rejected this. It acknowledged that the “colorable claim” standard is lower than “likelihood of success on the merits,” but “the Court disagrees with Defendant’s assertion that a finding that Plaintiff has asserted a ‘non-frivolous claim’ is sufficient to find the claims preempted by ERISA.” In the end, Isaacs did not have a colorable claim based on the plan’s plain language, which rendered him a non-participant. The court thus granted Isaacs’s motion to remand and denied Novartis’s motion to dismiss as moot.

The federal courts took a breather after the last two weeks of frantic compliance with the Civil Justice Reform Act’s September 30 deadline, so it was a slow week in ERISAland, with no notable decisions. (The Eleventh Circuit’s en banc ruling yesterday in Bolton v. Inland Fresh Seafood Corp. was announced too late for press time, so we’ll cover it next week.)

Nonetheless, read on to learn about (1) what happens if you are a plan fiduciary, you don’t pay premiums to keep the plan’s insurance coverage in force, and the Department of Labor gets involved (Sonderling v. Sills); (2) preliminary approval of an $850k class action settlement involving alleged mismanagement of the Hess Corporation’s 401(k) plan (Wagner v. Hess); (3) the invalidation of Illinois-law arbitration awards because they were preempted by ERISA (Cigna v. Laboratory Physicians); (4) a case ruling that while ERISA might require investment policy statements to be produced on request, it didn’t matter here because plaintiffs lacked standing to complain about it (Phillips v. CAES); and last, but not least, (5) a case holding, quite sensibly, that you can’t release claims that haven’t accrued yet (Cude v. Lincoln).

We’ll be back next Wednesday with coverage of Bolton and the rest of the week’s cases.

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

Breach of Fiduciary Duty

Fifth Circuit

Sonderling v. Sills, No. 26-30272, __ F. App’x __, 2026 WL 3001434 (5th Cir. Oct. 6, 2026) (Before Circuit Judges Davis, Stewart, and Duncan). Kelly Sills was the president and sole owner of Coastal Bridge Company, LLC, which sponsored an employee welfare benefit plan offering (1) fully insured dental and vision coverage through Ameritas, (2) fully insured cancer, accident, and critical illness coverage through Guardian, and (3) self-insured medical coverage administered by Blue Cross and Blue Shield of Louisiana under an administrative services agreement. Sills was an authorized signatory on Coastal’s bank account and directed its finances, including the disposition of plan assets; Coastal’s CFO testified that he was the ultimate decisionmaker on which bills got paid. In 2019, Coastal stopped forwarding employee contributions to Ameritas and Guardian, and both insurers terminated coverage that year. Coastal nonetheless kept withholding contributions from employee paychecks through the end of the year. It also sporadically failed to reimburse Blue Cross, resulting in payment suspensions and denied claims. In January 2020, Sills terminated all coverages retroactive to December 2019, and did not timely execute a run-out agreement. Months later he signed a check to Blue Cross covering claims that had already been processed and paid, but this left $172,351.35 in unpaid medical expenses for other claims. The Secretary of Labor brought this action against Sills in 2023 and served requests for admission, which Sills never answered. He was therefore deemed to have admitted that he “had and exercised discretionary authority, control, and responsibility over Plan management and administration and exercised actual control over Plan assets,” and that he “was a fiduciary and a party in interest” under ERISA. The Secretary then moved for summary judgment, supported by a statement of uncontested facts citing the unanswered admissions, Sills’s deposition, and sworn statements from the Department’s investigator, the CFO, and the insurers. Sills filed several responses without leave and a Rule 56(d) motion for discovery, but never responded to the statement of facts. As a result, the district court deemed the facts admitted, found them supported by the record, and found no genuine dispute about his functional fiduciary status. It entered judgment for the Secretary in the amount of $209,466.34 plus interest and permanently enjoined Sills from serving as a fiduciary to any ERISA plan. It also denied Sills’s Rule 56(d) request and rejected his Rule 59(e) motion as duplicative. (Your ERISA Watch covered this ruling in our March 18, 2026, edition.) Sills appealed and the Fifth Circuit affirmed in this unpublished per curiam decision. The appellate court first rejected Sills’s contention that the district court had granted summary judgment “by default” through the local rule. Because Sills never controverted the Secretary’s statement of facts, the district court properly treated it as undisputed, verified that the record supported it, and then assessed whether the Secretary was entitled to judgment. His reply brief argument that he had in fact responded to the requests for admission fared no better. The court ruled that this argument was raised too late, and in any event Coastal’s corporate responses could not stand in for his own individual responses. On the merits, the court agreed with the district court that Sills was performing a fiduciary function when he took the actions at issue, i.e., failing to remit contributions and failing to pay Blue Cross’s invoices. It was “of no moment” that the administrative services agreement was signed by Coastal’s HR director or named Coastal as the plan sponsor and named fiduciary, and Sills’s “professed delegation” of plan tasks did not absolve him of responsibility. The court was equally unmoved by Sills’s challenges to causation, damages, and relief. He argued that a third-party surety controlled Coastal’s receivables, but the court held that a sponsor’s insolvency or a third party’s control of its receivables does not excuse a fiduciary’s failure to remit contributions, and in any event the surety played no role in the medical claims. Furthermore, Sills was not entitled to a credit for the amount he paid Blue Cross, because that payment reimbursed claims already processed and paid; they “are not part of the…denied-claims component of the court’s judgment, so no offset or further reconciliation is due.” Finally, the panel found no abuse of discretion in the denial of Rule 56(d) relief, as Sills submitted no affidavit or declaration “and he acknowledges the admission.” Nor did the district court err in denying the Rule 59(e) motion, which “merely reiterated his summary-judgment arguments.” The judgment against Sills was thus affirmed in its entirety.

Class Actions

Fifth Circuit

Wagner v. Hess Corp., No. 6:24-CV-004-H, 2026 WL 3034350 (N.D. Tex. Oct. 9, 2026) (Judge James Wesley Hendrix). In 2024, Joshua Wagner, a former Hess Corporation (recently acquired by Chevron) employee and participant in the Hess Corporation Employees’ Savings Plan, a 401(k) plan, sued Hess and the Hess Corporation Investment Committee on behalf of himself, the plan, and similarly situated participants. Hess had delegated to the Investment Committee the responsibility for selecting and monitoring the plan’s investments. Wagner alleged that defendants breached their duty of prudence by failing to replace certain investments with indistinguishable or similar investments carrying lower expense ratios, causing millions of dollars in losses to participants through excessive fees. In March of last year, the court dismissed one of his claims, regarding certain single asset funds, and allowed him to file a third amended complaint. (Your ERISA Watch covered this ruling in our April 2, 2025 edition.) Wagner attacked that ruling and also moved to certify a class, while defendants moved for summary judgment. One month before the November 2025 trial date, the parties announced a class-wide settlement, and the court vacated the trial date. The court denied Wagner’s first, unopposed motion for preliminary approval without prejudice because the proposed class would have given relief to plan participants who were not actually injured by the alleged misconduct. The parties then negotiated a new settlement, which defines the class as participants and their beneficiaries and alternate payees who invested in any of the “Challenged Funds,” a set of funds that lost value, at any time from February 12, 2018, through entry of the preliminary approval order. The settlement creates a gross fund of $850,000, subject to a service award of up to $15,000 and a fee request of up to one-third. Wagner’s second motion for preliminary approval was again unopposed. The court first concluded that the settlement class satisfied Rule 23(a) and (b)(1)(B) for settlement purposes. The class was ascertainable because the court could determine membership from participation in the plan during the class period, and notice would go to those identified by the plan’s recordkeeper. With more than 6,000 members, numerosity was met, and commonality was satisfied because the claims focused on the defendants’ conduct toward the plan as a whole. Typicality followed because Wagner’s claims were identical to the class’s. On adequacy, Wagner had litigated actively for two-and-a-half years, there was no evidence of conflicts or side agreements, and the settlement does not depend on court approval of fees or the service award. The court noted the absence of reverter and clear sailing provisions that can raise conflict concerns. It then found the case a “paradigmatic example” of a Rule 23(b)(1)(B) claim, because any recovery “inures to the benefit of the plan as a whole.” The court next found the settlement “likely to be found fair at the final approval stage” under Rule 23(e)(2) and the Fifth Circuit’s Reed factors. Representation was adequate for the reasons above, and the settlement was negotiated at arm’s length after more than two years of litigation up to the eve of trial. As for the proposed relief, the court emphasized the risks of continued litigation. The parties disputed whether Wagner’s two theories could succeed. The first was that defendants should have mixed and matched individual funds, which the defendants called “novel.” The second was that they should have replaced the mutual funds wholesale, which would have helped most participants but harmed about ten percent, and which defendants said had been raised too late and failed on the merits. Because discovery was complete and summary judgment was ripe, “the parties [had] a good understanding of the likely outcomes and their expected value.” Wagner estimated that the settlement represented “nearly 70% of the total damages that [he] could currently obtain at trial.” Observing that the settlement also covers funds subject to the claim the court had previously dismissed, the court concluded that “seventy percent is highly beneficial.” The claims process, the fee provision, and a fee-sharing arrangement with a Kansas firm that had not appeared, which did not affect the net settlement amount, all supported approval, and class members were treated equitably because each would receive a pro rata share based on his or her Challenged Funds balance. The court then approved the remaining requests, including appointing Wagner as class representative, appointing class counsel, approving Analytics Consulting, LLC as settlement administrator, and approving the notice plan, claim form, and objection procedures. The motion was thus granted in full, the class was provisionally certified, and the settlement was preliminarily approved. A final approval hearing was set for February 17, 2027.

Disability Benefit Claims

Ninth Circuit

Cude v. Lincoln National Life Ins. Co., No. 8:25-cv-00123-AH-KESx, 2026 WL 3036131 (C.D. Cal. Oct. 9, 2026) (Judge Anne Hwang). Christopher Cude brought this action challenging the denial of his claim for ERISA-governed benefits under the Wells Fargo & Company Short Term Disability Plan, which was administered by Lincoln Financial Group. The plan barred suit until its claims and appeals procedures were exhausted, and required that any suit for benefits be brought within one year from the date of the final appeal determination. Lincoln denied Cude’s claim on September 7, 2023, advising him that he had 180 days to appeal. He appealed the same day. On February 5, 2024, while the appeal was pending, Cude signed a Confidential Settlement Agreement and General Release resolving an employment claim against Wells Fargo. In it he released the company and related parties from “any and all claims…known or unknown” that he might have “based on any actions or events which occurred prior to the date he executes this Agreement.” Less than three weeks later, on February 23, 2024, Lincoln issued its final denial, which told Cude that his “administrative right to review has been exhausted” and any suit had to be filed by February 23, 2025. Lincoln moved for summary judgment on the ground that Cude had released his short-term disability claim when he signed the release. The court framed the question as whether the release covered Cude’s ERISA claim, and it turned on when the claim accrued. Under Ninth Circuit authority, an ERISA claim accrues “either at the time benefits are actually denied, or when the insured has reason to know that the claim has been denied.” Benefits are actually denied only after the claimant exhausts the internal appeal process, and under Wise v. Verizon Communications, Inc., a claimant has reason to know when the plan communicates a “clear and continuing repudiation” of his rights such that he could not reasonably have believed that his benefits had not been finally denied. The court concluded that Cude’s claim accrued no earlier than February 23, 2024, the date of the final denial, which was after he signed the release. Lincoln argued that the claim accrued no later than September 7, 2023, i.e., before the release, because on that day it had denied Cude’s claim and Cude had submitted his appeal, but the court found that argument inconsistent with Wise, in which the claim accrued “only after…[the claimant was] informed that no further internal appeals were possible.” Because Cude was told he had exhausted his appeals only in the final denial, his claim accrued then. The court then examined the release, and under California law determined that the release’s plain terms did not reach a claim based on events occurring after its execution. The court acknowledged that the complaint also alleged conduct that predated the release, but it held that “the backward-looking Release does not waive an ERISA claim that was not ripe.” As a result, the court denied Lincoln’s motion for summary judgment and sua sponte granted Cude summary judgment on Lincoln’s tenth affirmative defense, the release defense.

Discovery

Ninth Circuit

Fortitude Surgery Center LLC v. Aetna Health Inc., No. CV-24-02650-PHX-KML, 2026 WL 3000501 (D. Ariz. Oct. 6, 2026) (Judge Krissa M. Lanham). Fortitude Surgery Center brought this action against two Aetna entities challenging Aetna’s denial of its claims under a number of health plans. Fortitude has already survived two motions to dismiss (detailed by Your ERISA Watch in our May 19, 2025, and September 24, 2025, editions). Now the parties are embroiled in a dispute over the standard of review and the scope of discovery. Fortitude sought leave to serve 25 interrogatories and 37 requests for production, and take two depositions: one of Aetna’s claim investigator and one under Federal Rule of Civil Procedure 30(b)(6). Aetna had agreed to answer some of the requests, but opposed others and objected to the depositions. Addressing the standard of review first, the court held that Fortitude had “effectively conceded” the issue under the doctrine of judicial admissions. Fortitude’s operative complaint alleged that Aetna “has full discretionary authority to make factual determinations, to determine eligibility for benefits, to determine the amount of benefits for each claim received, and to construe terms of the Plan with respect to benefits,” and Aetna’s answer agreed. Fortitude never amended its pleading or explained why its allegations were incorrect. It argued instead that it needed discovery to evaluate the language of the various plans, but the court observed that “for ERISA claims like this one the standard of review shapes discovery – not the other way around.” Fortitude’s allegation was therefore a binding judicial admission that established abuse of discretion review. Turning to the requested discovery, the court noted that a district court reviewing for abuse of discretion may consider evidence outside the administrative record “to decide the nature, extent, and effect on the decision-making process of any conflict of interest.” An insurer that both administers a plan and funds its benefits operates under a structural conflict of interest, and the court concluded that the facts supported such a finding as to Aetna regarding four of the plans at issue. (The court noted that discovery may also be ordered where procedural irregularities “have prevented full development of the administrative record.” Fortitude pointed to a “procedural failure” in a letter from Aetna’s Special Investigations Unit, but the court stated that Fortitude “does not elaborate on how the letter’s purported deficiencies show Aetna’s failure to fully develop the administrative record with documents about the claims it actually denied.”) The court thus agreed to permit discovery on “the nature, extent, and effect” of Aetna’s structural conflict on Fortitude’s claim denials, including “[f]acts involving [Aetna]’s processing and investigation of” the claims and “the reasons given for the denial.” But consistent with the limited discovery available under abuse of discretion review, the court confined discovery to information about Fortitude’s own claims, not those of other providers, and only to claims governed by the four plans with a disclosed structural conflict. The court thus approved some of Fortitude’s written discovery requests, and both of its depositions, although the depositions were limited to “claim-adjudication systems, Flags, automation, the May 1 process, and conflict-mitigation measures, which are the only proposed topics that appear to relate to Fortitude’s claims governed by the four plans where Aetna disclosed a structural conflict.”

ERISA Preemption

Seventh Circuit

Cigna Health & Life Ins. Co. v. Laboratory Physicians, LLC, No. 1:24-cv-1947, 2026 WL 3026403 (N.D. Ill. Oct. 8, 2026) (Judge John J. Tharp, Jr.). Cigna Health and Life Insurance Company and Cigna Healthcare, Illinois, Inc. serve as claim administrators for various ERISA-governed health plans, both insured and self-funded. Laboratory Physicians, LLC and Winfield Laboratory Consultants, S.C. (the “Pathology Groups”) provide pathology services in hospitals that are in network with Cigna, but the groups themselves are out of network. When a Cigna plan member treated at an in-network hospital received their services, the member could be balance-billed. However, Section 356z.3a of the Illinois Insurance Code limits what the patient owes in that situation, and requires the insurer and provider to negotiate the bill, and sets up binding arbitration if they cannot agree. Each Pathology Group initiated an arbitration against Cigna; the Laboratory Physicians arbitrator found for Laboratory Physicians, and the Winfield arbitrator found for Cigna. Cigna sued before either arbitration concluded, contending that the arbitrations were preempted by ERISA, and that about 85 percent of the claims at issue involved self-funded plans which were not governed by Illinois insurance law. Count I sought declaratory and equitable relief under ERISA’s enforcement provision, requesting a ruling that would deny future arbitrators jurisdiction over the plans and bar the Pathology Groups from initiating arbitrations that violated ERISA. Count II sought similar relief under the Declaratory Judgment Act. Count III sought to render the Laboratory Physicians award unenforceable under ERISA, and Count IV sought vacatur under the Federal Arbitration Act and the Illinois Uniform Arbitration Act. The Pathology Groups moved to dismiss under Rules 12(b)(1) and 12(b)(6). The court began with jurisdiction. It held that Counts I and II were moot because they sought relief from arbitrations that had concluded. Cigna invoked the exception for disputes “capable of repetition, yet evading review.” The court agreed that the 45-day deadline for an arbitrator’s written decision is relatively short, but Cigna’s claims rested on the premise that the arbitrators exceeded their authority, so applying the exception would require speculating that future arbitrators would misread Section 356z.3a and ERISA in the same way, which was too uncertain. As the court put it, “Cigna cannot request an advisory opinion telling AAA arbitrators how they should interpret the law just because they might make a mistake.” The claims against Winfield were moot for the added reason that Cigna had won and did not contest the award. “Cigna cannot have it both ways: it is not entitled to an opinion limiting the [arbitrator’s] jurisdiction that would leave the current award undisturbed.” As for the remaining counts, the court found federal question jurisdiction because Cigna’s claims arose under ERISA. The Pathology Groups argued that Section 356z.3a “does not provide for judicial review,” and thus the court could not consider the dispute, but the court responded that this “is not correct,” because “Congress, not the states, determines the jurisdictional authority of the federal courts.” Turning to the merits, the court rejected the Pathology Groups’ argument that Cigna’s suit was an impermissible collateral attack on the arbitrators’ jurisdictional rulings. The court noted that Cigna had to show “an egregious jurisdictional error by the arbitrators” in order to overturn the award, and found that high bar met here. Section 356z.3a governs “health insurance issuer[s],” a term the Illinois HIPAA defines to exclude group health plans, which include self-funded ERISA plans, so by its own terms the statute did not reach the self-funded plans. The arbitrators nonetheless applied it to self-funded plans Cigna administered, contradicting both the state statute and ERISA. The court ruled that “[t]o the extent that Section 5/356z.3a creates a process that allows awards that conflict with ERISA to be enforceable, it must be preempted.” The arbitrators’ assertion of jurisdiction over self-funded plans was thus “an improper expansion of the scope of their powers.” Cigna did not contest dismissal of Count IV, as the FAA and the Illinois arbitration act both require a written arbitration agreement and Cigna did not allege one. As a result, the court granted the motion to dismiss as to Counts I, II, and IV and denied it as to Count III, and because Count III was brought only against Laboratory Physicians, it dismissed Winfield as a defendant.

Medical Benefit Claims

Seventh Circuit

Brady K. v. Health Care Service Corp., No. 25 C 759, 2026 WL 3034335 (N.D. Ill. Oct. 9, 2026) (Judge Matthew F. Kennelly). Brady K., individually and on behalf of his minor child A.K., sued Health Care Service Corporation d/b/a Blue Cross Blue Shield of Texas under ERISA § 502(a)(1)(B) and (a)(3) and the Mental Health Parity and Addiction Equity Act. In 2023 and 2024, A.K. was treated at two Utah facilities for issues including autism spectrum disorder, aggression, and ADHD. A.K. was a beneficiary of an insured health plan administered by Blue Cross, which denied preauthorization and coverage on the ground that the facilities lacked 24-hour on-site nursing. On appeal, Brady argued that Blue Cross violated the Parity Act by imposing a 24-hour nursing requirement on residential treatment centers but not on analogous medical or surgical facilities such as skilled nursing and inpatient hospice, and by imposing national accreditation requirements on residential treatment centers for children and adolescents (RTCCAs) that it did not impose on other analogues. In July 2024 Blue Cross upheld its denial and this action followed. Count one alleged breach of fiduciary duty under ERISA “by denying coverage in violation of the plan terms and failing to provide adequate review and explanation for the denials,” and count two alleged a Parity Act violation. In September of last year (as we reported in our October 1, 2025 edition), the court denied Blue Cross’s motion to dismiss for failure to state a claim. Blue Cross then moved to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), which the court converted in part to a motion for summary judgment. Blue Cross’s motion contended that Brady did not satisfy the redressability and traceability elements of Article III standing. On redressability, Blue Cross argued that the facilities could not qualify as RTCCAs, which require 24-hour on-site nursing, accreditation by one of two national organizations, and state licensure. The third requirement was undisputed, and Brady conceded that the facilities lacked sufficient nursing and offered no evidence that they held national accreditation. However, he contended that because those two requirements violated the Parity Act, he was not required to satisfy them. The court observed that this issue, “pitched by Blue Cross as a standing issue, rather obviously overlaps with the merits.” The court ruled that because Brady plausibly alleged that both requirements violated the Parity Act, including by asserting that Blue Cross imposed accreditation requirements on residential treatment for children and adolescents “but did not impose them on other analogues,” his allegations were good enough to establish redressability. As for traceability, Blue Cross first argued that Brady’s out-of-network costs were not traceable to its alleged network adequacy violation because it was not required to maintain a network in Utah. The court held that Blue Cross was an ERISA fiduciary with respect to out-of-state care because it processed claims, handled initial appeals, and made benefit determinations, and the plan gave Blue Cross “sole and absolute discretion” to negotiate payment with an out-of-area provider on “an exception basis.” As a result, Blue Cross “cannot contract to provide services and covered care outside of its Texas service area, exercise ‘absolute’ discretion on allowing case-by-case benefits exceptions for healthcare services outside of a Host Blue’s network, and expect not to be a fiduciary regarding those discretionary decisions.” The only record evidence on network adequacy was that one covered RTCCA facility was within 140 miles of Brady’s residence, from which a jury could find the network inadequate. Blue Cross’s second traceability argument was that Brady failed to obtain prior authorization or search for in-network facilities. The court explained that Article III requires no proximate causation, only a “‘meaningful connection’ between a defendant’s conduct and the plaintiff’s injury.” Even if prior authorization could have yielded in-network coverage, the allegedly inadequate network made that outcome “very unlikely, at least as shown on the present record.” Thus, Brady was able to establish traceability as well, and Blue Cross’ motion was denied. Finally, the court addressed several loose ends. It (1) did not reach Blue Cross’s challenge to a request for an accounting of other participants’ funds because Brady clarified that he sought no relief for anyone but himself and A.K, (2) declined to consider Brady’s alternative standing arguments, and (3) mooted Brady’s argument for discovery under Rule 56(d).

Pension Benefit Claims

Ninth Circuit

Trevillyan v. Western States Carpenters Pension Trust, No. CV 25-9043 PA (AJRx), 2026 WL 3012459 (C.D. Cal. Oct. 5, 2026) (Judge Percy Anderson). M. Jeanine Trevillyan, proceeding pro se, was a member of the United Brotherhood of Carpenters and Joiners from April 1977 until she voluntarily withdrew in May 1990. She alleged that she became eligible for the union’s multiemployer pension plan in March 1979, but that the plan never notified her of her enrollment or sent her summary plan descriptions or benefit statements. When she sought a withdrawal card in 1990, a union business agent told her she had “enough to get a pension,” but a printout showed a shortfall from one employer, C.F. Braun, whose 1980-81 hours had been reported at a third-period apprentice level that carried no pension credit. The plan acknowledged in 1991 that the coding did not match her apprentice record but explained that “[s]ince almost 10 years have elapsed” since the hours were submitted, it could not bill the employer for “these missing benefits.” After Trevillyan called about her pension in May 2023, a September 2023 letter credited the C.F. Braun hours toward vesting but concluded that she still had not met the vesting requirements. The plan denied her October 2023 application in January 2024, finding that she had insufficient credits and noting nine consecutive one-year breaks in service from 1987 through 1996, which cancelled her credits in any event. The plan then denied her appeal, and this action followed. In July of this year the court granted in part the trust’s Rule 12(c) motion, finding that Trevillyan had adequately pleaded a § 1132(c)(1) statutory penalties claim based on the trust’s delay in responding to a February 2024 document request. It granted leave to amend. (We covered this ruling in our August 5, 2026 edition.) Trevillyan’s second amended complaint asserted claims for benefits under § 1132(a)(1)(B), statutory penalties, and breach of fiduciary duty and prohibited transactions under §§ 1104, 1132(a)(2), and 1132(a)(3). The trust moved to dismiss the benefits and fiduciary claims and to strike Trevillyan accompanying declarations. In this order, the court began by declining to consider claims beyond the scope of its prior leave to amend, including a new health and welfare plan claim, and dismissed with prejudice a § 1140 interference claim that the amended pleading no longer mentioned. On Trevillyan’s benefits claim, she argued that because she worked past January 1, 1989, with five prior years of service, she was fully vested under the Tax Reform Act of 1986. The court disagreed. The TRA imposed five-year vesting on most plans but retained a ten-year requirement for employees covered by collective bargaining agreements, and multiemployer plans were not required to adopt five-year vesting until the Small Business Job Protection Act of 1996. The court’s prior order had also found that Trevillyan’s 1990 withdrawal was a permanent break in service that cancelled her unvested credits, and furthermore, her own allegations did not give her sufficient vesting service credits even counting the misclassified 1980-81 C.F. Braun hours. Because “the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency,” the court dismissed the benefits claim without leave to amend. On the breach of fiduciary duty claim, Trevillyan alleged that the plan failed to attribute remittances to the proper accounts or audit the apprentice-level coding, which she characterized as a prohibited transaction, and failed to enroll her or provide required documents. The court found that the alleged misclassification occurred in 1980-81 and the alleged failure to furnish documents occurred in roughly 1979-90, decades before Trevillyan filed suit, so the claims were untimely under § 1113(1). Trevillyan argued that “[t]he concept of Pension Plans was completely outside the scope of Plaintiff’s cognition,” but the court found that this conflicted with her own allegation that she had been told she had enough hours for a pension, and in any event, the limitations period “is triggered by the [party’s] knowledge of the transaction that constituted the alleged violation, not by their knowledge of the law.” The court also rejected Trevillyan’s fraudulent concealment theory, because the 1991 letter “did not hide any information” but explained the misclassification. Nor did her complaint explain that it discouraged her from acting, since she inquired about her pension and applied for benefits in 2023 and the plan eventually credited the hours. At most, the conduct resembled “bureaucratic inefficiency” that “does not on its own rise to the level of affirmative concealment.” The court thus granted the trust’s motion to dismiss. It denied the trust’s motion to strike because Trevillyan’s declarations did not change its analysis. Meanwhile, Trevillyan’s statutory penalties claim from her 2024 request is still alive.

Pleading Issues & Procedure

Ninth Circuit

Phillips v. Cobham Advanced Electronic Solutions, Inc., No. 23-cv-03785-EKL, __ F. Supp. 3d __, 2026 WL 2997716 (N.D. Cal. Sept. 30, 2026) (Judge Eumi K. Lee). Michael Phillips, Brenda Paclik, and Crystal Franklin were participants in a 401(k) retirement plan sponsored by defense and aerospace company Cobham Advanced Electronic Solutions, Inc. In a 2022 letter their counsel requested plan documents under ERISA § 104(b)(4), including “investment policy statements…under which the Plan was established or operated.” Defendants responded and produced some documents, but did not include an IPS. The parties exchanged follow-up correspondence, but defendants never produced one and neither confirmed nor denied that one existed. Plaintiffs filed suit in 2023, and the procedural history that followed was, in the court’s words, “extensive and unusual.” The first three complaints asserted a breach of fiduciary duty claim and a derivative failure to monitor claim, premised on a theory that the plan’s funds were imprudently selected and retained because they underperformed other investments. Another judge (Edward J. Davila) dismissed those allegations on the ground that poor performance alone could not establish imprudence. (Your ERISA Watch covered this ruling in our July 10, 2024 edition.) After the case was reassigned to Judge Lee, the third amended complaint was dismissed with leave to amend because plaintiffs had not compared the funds to meaningful benchmarks. (The court relied on the Ninth Circuit’s decision in Anderson v. Intel Corp. Inv. Policy Comm. for this ruling, which, if last week’s oral argument at the Supreme Court is any indication, looks like it will be affirmed.) The fourth amended complaint, filed in April 2025, repleaded the fiduciary claims and, for the first time, added a § 104(b)(4) claim based on the failure to furnish the IPS. In September 2025, the court dismissed the prudence and failure to monitor claims with prejudice, but denied dismissal of the § 104(b)(4) claim, finding it plausible that defendants had to furnish the IPS. (We covered this decision in our October 1, 2025 edition.) The parties then agreed that the remaining claim presented “a purely legal question,” stipulated that no discovery was necessary, and filed cross-motions for summary judgment. In their motion, defendants argued that plaintiffs lacked Article III standing, which the court agreed was a threshold question. The court examined three possible theories of injury identified or implied by plaintiffs, and found that none passed muster. The first theory was that nondisclosure of the IPS was itself a concrete injury. The court rejected this, ruling that it was “a bare procedural violation, divorced from any concrete harm.” Recasting the violation as an “informational injury” did not help, because plaintiffs “have identified no downstream consequences from failing to receive the required information.” Plaintiffs’ second theory, that the missing IPS prevented informed investment decisions and thereby interfered with their entitlement to benefits, was “legally cognizable” but “devoid of factual or evidentiary support.” It was undisputed that Phillips and Franklin withdrew their entire balances in 2020, long before the 2022 document request, so the IPS would have been of no use to them. Paclik remained invested for about a year after the request, but plaintiffs submitted no declaration or other evidence that she lacked knowledge about her investment options or would have made different decisions with more information. Meanwhile, plaintiffs “received substantial and detailed information about the Plan’s investment options,” including annual disclosures describing the relevant funds’ objectives, strategies, risks, and returns, along with quarterly statements detailing returns and fees. An IPS, by contrast, “reveals only the general criteria used to select, evaluate, and monitor investment options.” The third theory was that the missing IPS prevented plaintiffs from stating a viable fiduciary breach claim. The court assumed that dismissal of the other claims was a cognizable injury but held that it was not “fairly traceable” to defendants’ conduct. The prudence claim failed because it rested on the premise that fiduciaries must maximize returns and may be liable for choosing less volatile investments, not because the IPS was missing. The complaint’s own allegations that the funds frequently outperformed the median also precluded any inference of damages, an independent ground for dismissal that production of the IPS would not have saved. Because plaintiffs lacked standing, the court lacked jurisdiction, and thus the court granted defendants’ motion for summary judgment and denied plaintiffs’ cross-motion.