Hoak v. Ledford, No. 24-12148, __ F.4th __, 2025 WL 2450919 (11th Cir. Aug. 26, 2025) (Before Circuit Judges Jordan and Newsom, and District Judge Charlene Edwards Honeywell).

A “top hat” plan is a special breed of ERISA plan. In order to attract and keep top talent, companies sometimes create these deferred compensation plans for the benefit of their high-level employees.

Although top hat plans are governed by ERISA, they are not subject to the full suite of ERISA protections. For example, top hat plans are generally exempt from ERISA’s participation, vesting, funding, and fiduciary responsibility provisions.

Top hat plans, like any ERISA plan, often seem like a great idea when they are created. But if an employer wants to get rid of its top hat plan, it still must follow ERISA’s rules and the terms of the plan when doing so. Furthermore, the people affected by the termination are typically well-educated, high-powered executives who will examine any such termination closely to ensure they receive the benefits they have been promised.

Such was the case here, in the case of the venerable NCR Corporation. (NCR was founded in Ohio in 1884 and stands for “National Cash Register.” It became a leader in the computing industry and was eventually acquired by AT&T in 1991.)

NCR created five top hat plans which promised participants they would receive life annuities at a certain date, e.g., when they reached a certain age or retired. In total, there were 197 participants covered by the plans. Crucially, although the plans had language allowing NCR to terminate them, they also included an assurance that “no such action shall adversely affect” the “accrued benefits” of “any” participant.

As time passed, NCR became disenchanted with these plans. In 2006, NCR froze accruals of additional benefits in the plans, and in 2011, NCR began examining them as part of its effort to reduce its pension liabilities. With the help of outside consultants, NCR considered a number of options.

One of the options was to terminate the plans and compensate each participant with the disbursement of a lump sum. NCR’s outside counsel advised, and NCR’s compensation committee agreed, that this option would be “reasonably construed as providing the full benefit entitlement under the [p]lans provided [that] the lump-sum payment is the actuarial equivalent of the annuity benefit.”

Ultimately, in February of 2013, NCR approved the termination of the plans and the lump-sum disbursement. NCR calculated payments by using a combination of mortality and actuarial tables, and adding a 5% discount rate.

Plaintiffs, who are all former senior executives of NCR, subsequently filed this class action against various NCR defendants, including the compensation committee, alleging various claims for relief, including one for failure to pay plan benefits under ERISA pursuant to 29 U.S.C. § 1132(a)(1)(B).

The district court certified a class under this claim and eventually granted summary judgment in plaintiffs’ favor. The court concluded that participants were adversely affected by NCR’s lump-sum approach, and further concluded that even if the lump-sum option was permissible, NCR erred by applying a 5% discount rate to account for its risk of default.

As for a remedy, the district court ordered NCR to pay plaintiffs “the difference between the lump sums they received and the cost of replacement annuities” (using assumptions generated by the Pension Benefit Guaranty Corporation), prejudgment interest, and post-judgment interest. NCR appealed.

On appeal, the Eleventh Circuit first addressed the standard of review. NCR contended that the district court should have reviewed NCR’s decision for abuse of discretion because the top-hat plans gave NCR discretionary authority to interpret the terms of the plans.

The court disagreed. The court cautioned that because the plan was a top hat plan, it was not clear whether the default rules regarding discretionary authority should be applied. Furthermore, the default rules were irrelevant because of “the clear language of the plans.” The plans “specified that the administrator’s interpretive discretion was limited. They provided that the administrator ‘shall have no power to add to, subtract from or modify any of the terms’ of the plans, ‘or to change or add to any benefits’ provided by the plans.” As a result, because NCR’s discretion was explicitly limited by the plan, de novo review was required.

On the merits, the court explained that when a plan is terminated, ERISA requires the administrator to distribute the plan’s assets. When it does, the administrator “shall” either “purchase irrevocable commitments from an insurer to provide all benefit liabilities under the plan,” or “in accordance with the provisions of the plan and any applicable regulations, otherwise fully provide all benefit liabilities under the plan.” 29 U.S.C. § 1341(b)(3)(A)(i)-(ii).

The court acknowledged that NCR’s offering of a lump sum to replace the plan-prescribed annuities was not by itself wrongful. After all, “some lump sum could have been paid to them without breaching the language of the plans. For example, the participants acknowledge that NCR could have paid them a lump sum that would have allowed them to purchase, in the market, the same annuities they were promised under the plans.”

However, just because NCR could pay a lump sum did not mean that its payments were automatically adequate. “The question we must answer is not whether the plans categorically prohibited a lump-sum payment (no matter how calculated) to the participants upon termination. It is whether the precise lump-sum payments calculated by NCR and paid to the participants breached the language of the plans[.]”

The Eleventh Circuit agreed with the district court that the payments constituted a breach of the plan terms because they “adversely affect[ed]” the “accrued benefits” (i.e., the life annuities) of “any” participant. The word “any” was key; a lump sum would violate the plan if it “led to a reduction in the amount of the life annuity of even a single participant.”

As the court noted, and NCR admitted, “When NCR converted the life annuities into the lump-sum payments, it knew that about 50% of the participants would outlive those lump sums if they continued to withdraw the same periodic (i.e., monthly) benefits they were receiving under the annuities (even assuming that the participants earned a 5% return).”

This evidence was “fatal” to NCR’s defense. After all, for those beneficiaries who lived longer than anticipated by the mortality tables, they “will have received less money than they would have received by way of the promised life annuity. These individuals’ ‘accrued benefits’ were therefore ‘adversely affected.’”

As a result, the Eleventh Circuit found that NCR had breached the terms of the plan. (The court therefore did not address the district court’s alternative ruling that the 5% discount was also unlawful.) But what was the correct remedy?

As explained above, the district court ordered NCR to pay plaintiffs “the difference between the lump sums they received and the cost of replacement annuities.” However, NCR argued that plaintiffs instead should have received “reinstatement of the annuities on a going-forward basis.” NCR contended that this was because private replacement annuities were not equivalent; they were more expensive.

The Eleventh Circuit concluded that the district court did not abuse its discretion in its choice of remedy. After all, when NCR terminated the plan, its advisors had told NCR that participants could simply purchase new annuities with their lump sums. The court observed, “That is essentially the remedy that the court chose.”

Furthermore, NCR’s proposal raised the question of whether reinstating the annuities might require the creation of new top hat plans. Rather than address this complicated question, the court simply concluded that it did “not see how NCR’s proposal is so demonstrably better that it renders the remedy chosen by the district court an abuse of discretion.”

NCR’s final contention on appeal was that the district court should not have awarded prejudgment interest because “the participants were paid too much and too quickly and did not need prejudgment interest to fully compensate them.”

The Eleventh Circuit made quick work of this argument, noting that prejudgment interest awards rest within the sound discretion of the trial court. Here, as plaintiffs explained, “[h]ad NCR properly terminated, [they] would have received replacement-annuity premiums in 2013… In other words, the additional amounts that the district court ordered NCR to pay due to its breach were sums that the participants should have had (or should have had access to) in 2013, but were deprived of for about a decade.” Thus, the district court’s award was no abuse of discretion.

With that, the Eleventh Circuit dispatched all of NCR’s contentions on appeal and affirmed the judgment in plaintiffs’ favor in its entirety.

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

Attorneys’ Fees

Second Circuit

Macalou v. First Unum Life Ins. Co., No. 22-CV-10439 (PKC), 2025 WL 2463624 (S.D.N.Y. Aug. 27, 2025) (Judge P. Kevin Castel). On November 22, 2024, plaintiff Anticia Macalou successfully persuaded the court that First Unum Life Insurance Company wrongfully denied her long-term disability benefits under the terms of her ERISA-governed policy. In a decision issued that day the court concluded that Ms. Macalou met her burden to show that she was disabled under the plan and awarded her long-term disability benefits to the date of judgment in the amount of $928,954.90. The court also concluded in that decision that Ms. Macalou was entitled to reasonable attorneys’ fees and costs under ERISA, as well as prejudgment interest. Following that decision, Ms. Macalou moved for an award of $252,358.50 in attorneys’ fees for her counsel at the law firm Hiller, PC, as well as recovery of $6,862.34 in costs, and $337,891.47 in prejudgment interest at a rate of 21.8%. The court instead awarded Ms. Macalou $230,083.65 in attorneys’ fees, $6,660.29 in costs, and $139,497.54 in prejudgment interest in this order. The court discussed the reasonableness of the fees first. Ms. Macalou sought the following hourly rates for her attorneys and paralegals: Michael S. Hiller (Managing Partner): $895 for 54.75 hours; Jason Zakai (Partner): $600 for 0.7 hours; Paul M. Kampfer (Senior Counsel): $600 for 369.93 hours; Susan Fauls (Senior Paralegal): $225 for 10.5 hours; and Conor Spangfort (Paralegal): $165 for 9.65 hours. The court approved the hourly rates for everyone except the managing partner, Mr. Hiller. The court reduced his rate to $810 in light of the fact that another court in the district awarded a highly experienced lead counsel in an ERISA case an hourly rate that was noticeably lower than the rate Ms. Macalou requested for Mr. Hiller. The court explained that “[t]his reduction also keeps Hiller’s rate from exceeding the rates found to be reasonable in other recent ERISA cases, while reflecting an apparent general increase in the rates found to be reasonable in this District in the past two years for experienced partners. In addition, Hiller’s modified rate is consistent with his experience, reputation, and the nature and caliber of the work performed here.” The court saw no reason to reduce the hourly rates Ms. Macalou requested for the rest of her legal team, as they were commensurate with rates approved in the most recent ERISA cases in the Southern District of New York. Next, the court assessed the number of hours expended. Although the court disagreed with First Unum’s assertion that time entries were vague, it nevertheless determined that two of its specific objections to the time billed were valid – (1) that counsel logged too many hours working on the reply brief and (2) that paralegal Spangfort billed a total of six hours for exhibit preparation on a date when the brief in question did not yet include any exhibits. To go along with these two specific issues, the court further agreed with First Unum that Hiller, PC’s lack of delegation to its associates for certain tasks warranted a percentage reduction. Taken together, the court concluded that an overall 15% reduction in the number of hours would be appropriate. The court was thus left with its final fee award of $230,083.65 ($22,274.85 less than the requested amount). As for costs, the court quickly awarded the full amount requested, determining that they were reasonable and consisted of expenses which are all recoverable. Finally, the court addressed the parties’ dispute over the appropriate rate of prejudgment interest. Ms. Macalou argued for prejudgment interest at a rate of 21.8% to reflect First Unum’s operating return on equity during the relevant time period and to compensate her for the loans and credit card debt she was forced to take on to pay for her living expenses absent the payment of her disability benefits. First Unum, on the other hand, urged the court to apply New York’s statutory simple interest rate of 9% for a total sum of $139,497.54. Because Ms. Macalou could not point to any case where a court had awarded in excess of the 9% New York State statutory interest rate, the court concluded that this amount was appropriate and would strike a good balance between fairly compensating her without unduly penalizing First Unum. For these reasons, the court granted Ms. Macalou’s fee motion but adjusted the amounts of both the attorneys’ fees and the prejudgment interest.

Sixth Circuit

Bennett v. The Prudential Ins. Co. of Am., No. 23-11070, 2025 WL 2452378 (E.D. Mich. Aug. 26, 2025) (Judge Jonathan J.C. Grey). After the death of their son Kennedy James Bennett, the father and mother, James and Kimberly Bennett, each filed competing claims for their son’s $70,000 life insurance proceeds under an ERISA-governed policy. On January 24, 2024, the parties reached a settlement agreement at a conference conducted by a Magistrate Judge. The settlement provided for a 35% recovery of the proceeds plus 35% of any accrued interest to be paid to Ms. Bennett, with the remaining 65% of the proceeds plus 65% of any accrued interest to be paid to Mr. Bennett. The claimants further agreed to fully discharge defendant The Prudential Life Insurance Company of America and release their claims against it upon payment of the proceeds. However, following the settlement conference Ms. Bennett expressed reservations. She refused to sign the final settlement agreement, claiming there were inaccuracies in the final draft. The inaccuracies she was concerned with did not appear to involve the actual percentage of recovery. However, Ms. Bennett does not deny that she agreed to the settlement. Instead, she expressed to the court her dissatisfaction with the performance of her attorney, Rabih Hamawi, and her view that he failed to vindicate her concerns regarding insurance beneficiary designation and changes. Notably, Ms. Bennett does not identify any fraud or mutual mistake in the settlement negotiation process. Mr. Bennett responded to Ms. Bennett’s attempts to back out by filing a motion to enforce the settlement agreement. The Federal Pro Se Legal Assistance Clinic also moved for attorneys’ fees under ERISA Section 502(g) for the time and effort spent to enforce the settlement agreement. Meanwhile, Mr. Hamawi, Ms. Bennett’s former counsel, moved to enforce his attorney lien. The court granted all of the motions before it in this decision. First, the court enforced the settlement agreement. It found that the settlement agreement reached on January 24, 2024 was valid and enforceable as the parties “agreed to all essential terms, specifically, the distribution of the proceeds and general releases.” The court noted that the Clinic even offered to have Ms. Bennett review all documentation in its possession in order to help assuage her concerns about discovery, an offer she did not accept. The court therefore granted the motion to enforce the settlement agreement. Next, the court assessed the Clinic’s motion for $5,684 in attorney fees under Section 502(g)(1) for the 16.24 hours professor Barbara A. Patek performed after Ms. Bennett refused to sign the settlement agreement. The court decided that several relevant factors strongly favor granting the Clinic attorney’s fees, including the fact that Ms. Bennett engaged in conduct the court viewed as “culpable” in her refusal to abide by the terms of the settlement despite extensive efforts to encourage her to do so by both her counsel and the court. The court stated that “granting the motion for attorney’s fees will incentivize future litigants from reneging on settlement agreements.” And here, “the evidence as to the existence and validity of the Settlement is overwhelming.” Given these factors, and the Clinic’s modest and narrowly tailored fee request, the court concluded that $5,684 in attorney fees was reasonable under the circumstances. Accordingly, the court granted the Clinic’s fee motion. Finally, the court assessed Mr. Hamawi’s motion seeking fees representing 33.33% of Ms. Bennett’ entire recovery, which had been their contingent fee arrangement, as well as his request to recover $2,686.16 in costs incurred, for a total of $10,852.01. On balance, the court decided to reduce Mr. Hamawi’s fee request by 25%, or $2,041.46, given Ms. Bennett’s dissatisfaction with her representation and the fact that a $10,852.01 award would substantially diminish her recovery. Thus, the court awarded Mr. Hamawi $6,124.39 in attorney’s fees, in addition to $2,686.16 in costs incurred, for a total of $8,810.55 to be paid from Ms. Bennett’s share of the insurance proceeds. The court therefore enforced the attorney’s lien, albeit in a slightly modified fashion.

Breach of Fiduciary Duty

Fourth Circuit

Fisher v. GardaWorld Cash Service, Inc., No. 3:24-CV-00837-KDB-DCK, 2025 WL 2484271 (W.D.N.C. Aug. 28, 2025) (Judge Kenneth D. Bell). Plaintiffs Blair Artis and Johnathan Fisher are current and former employees of defendant GardaWorld Cash Service, Inc. and were enrolled in GardaWorld’s employer-sponsored health plan. Plaintiffs allege that the plan as written is charging unlawful tobacco and vaccine wellness surcharges under ERISA and Department of Labor regulations. Pursuant to these plan terms, plaintiffs and other similarly situated employees were assessed surcharges for tobacco use and for failing to obtain vaccination against COVID-19. Plaintiffs maintain that the plan’s tobacco and vaccine programs are in violation of 29 C.F.R. § 2590.702(f)(3) and (f)(4) because (1) they fail to notify participants that personal physician recommendations will be accommodated, (2) they omit any notice of the availability of a reasonable alternative standard, and (3) they prevent participants from earning the full reward through reasonable alternative standards by not offering retroactive surcharge refunds. Consequently, plaintiffs allege that the plan does not qualify for the exemption to ERISA’s prohibition on discriminating based on health status. In their complaint, plaintiffs assert claims for fiduciary breach and for unlawful imposition of discriminatory surcharges. GardaWorld moved to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6). The court addressed the threshold issue of Article III standing first. GardaWorld contended that plaintiffs have not alleged they suffered a cognizable injury because neither claimed to qualify for, or to have sought the reasonable alternative standard under, either program, and therefore could not have earned any surcharge avoidance under the plan. The court responded that, “[w]hile not meritless, GardaWorld’s argument misinterprets Plaintiffs’ position. Plaintiffs assert more than mere procedural violations; they allege the Plan as written fails to qualify for the exemption and thus constitutes prohibited discrimination under ERISA and DOL regulations. Moreover, they claim that because the plan is ‘unlawful,’ the associated surcharges (which both Plaintiffs claim to have paid) are similarly unlawful.” Should plaintiffs prove correct on the merits, the court determined that they alleged a concrete injury in the form of their surcharge payments that is traceable to GardaWorld’s decision to impose the tobacco and vaccine surcharges under discriminatory terms. Moreover, the court concluded that this harm can be redressed by a refund of the surcharge. Accordingly, the court disagreed with defendant that plaintiffs lack standing. It thus turned to the merits of their causes of action. Beginning with the breach of fiduciary duty claim, the court noted that plaintiffs asserted it under Section 1132(a)(2), and thus brought the claim in a representative capacity on behalf of the plan. As a result, the court stated that it is not enough to allege individual losses; plaintiffs must also assert that the plan was harmed in some way in connection with the unlawful surcharges. Here, plaintiffs had a problem. They alleged that GardaWorld harmed the plan by using the surcharge payments for its own financial advantage in violation of ERISA’s prohibited transaction provisions. The court disagreed. First, the court was unconvinced that unpaid employer contributions are assets of the plan. Moreover, even assuming GardaWorld benefitted from a reduced financial obligation to the plan, the court found that this action did not fundamentally harm the plan at all. Plaintiffs’ remaining allegations – that defendant did not pay individual participants the full reward and administered the plan in violation of ERISA’s anti-discrimination requirements – were found by the court to be individual harms, not harms to the plan. As a consequence, the court granted the motion to dismiss the breach of fiduciary duty claim. The claims alleging unlawful imposition of discriminatory surcharge were another matter. The court stated that it need not consider each of plaintiffs’ assertions regarding the ways in which the surcharges violate ERISA, because it agreed with them that the plan lacks any language informing its participants of the option to involve their personal physician or that personal physician recommendations will be accommodated. To impose the tobacco and vaccine surcharges on plan participants without violating ERISA’s anti-discrimination rules, GardaWorld must satisfy all of the regulatory requirements under the statute. Because plaintiffs have plausibly alleged they have not done so, the court concluded that they have also plausibly alleged their claims. Accordingly, the court denied the motion to dismiss the claims asserting the unlawful imposition of discriminatory surcharge.

Disability Benefit Claims

First Circuit

Bernitz v. USAble Life, No. 24-1598, __ F. 4th __, 2025 WL 2463092 (1st Cir. Aug. 27, 2025) (Before Circuit Judges Montecalvo, Lipez, and Aframe). Following a long history of back problems, plaintiff-appellant Steven Bernitz stopped working as the Senior Vice President of Corporate Development for Synta Pharmaceuticals in June 2014 due to chronic back pain. Mr. Bernitz then submitted a claim for long-term disability benefits under an insurance plan administered by USAble Life. His claim was approved, and for years thereafter he received monthly disability benefits. However, in December of 2019, USAble determined that Mr. Bernitz had experienced significant improvement in his health, as demonstrated by certain lifestyle changes the insurer observed through surveillance, and thus concluded that he was no longer eligible for continued benefits. Mr. Bernitz was unsuccessful in overturning this decision during the lengthy administrative appeals process, and so on May 1, 2022, he commenced this ERISA lawsuit. Under the arbitrary and capricious standard of review compelled by the ERISA plan, the district court upheld the adverse decision, concluding it was not unreasonable or unsupported by evidence. Mr. Bernitz timely appealed. The First Circuit upheld the lower court’s grant of summary judgment. On appeal, Mr. Bernitz offered three reasons why he believed the district court erred in its conclusions: (1) it failed to fully examine USAble’s structural conflict of interest as both adjudicator of claims and payor of benefits as required by law; (2) it failed to analyze whether USAble followed specific provisions of the Plan, including the Plan’s narrow definition of disability; and (3) the record evidence conclusively established that Bernitz is disabled under that definition. The court of appeals did not agree. As an initial matter, the First Circuit concluded that the district court appropriately observed that USAble Life took significant steps to insulate its claims review process and mitigate its structural conflict of interest, including its use of third-party vendors and independent physicians to review and analyze the claim and medical records. Thus, while a conflict of interest existed, the appeals court determined that the district court was correct that it did not need to be given significant weight. Moreover, the appellate court disagreed with Mr. Bernitz that case-specific factors suggested that the conflict of interest played an adverse role in the way USAble handled his claim. What Mr. Bernitz called case-specific factors the First Circuit saw as simply “characterizations of record evidence that is unfavorable to Bernitz,” and declared that the mere presence of evidence contrary to the administrator’s decision “does not make the decision unreasonable, provided substantial evidence supports the decision.” The First Circuit also disagreed with Mr. Bernitz that USAble Life failed to follow the express provisions of the plan. “USAble’s termination decision rests heavily on Bernitz’s significant weight loss and its attendant health and back pain benefits; his travel to domestic and international destinations, including a safari in Africa; and reports of Bernitz taking college classes, driving, walking up to half a mile, exercising with a personal trainer, and playing pickleball. We find that these justifications, documented in Bernitz’s medical files and surveillance reports, reasonably support the conclusion that Bernitz was able to perform every single material duty identified in the vocational assessment.” Thus, the court of appeals was confident that USAble Life sufficiently showed that Mr. Bernitz could meet the sitting, standing, walking, typing, and occasional travel demands of his occupation. Finally, the First Circuit determined that the record evidence reasonably and substantially backed up USAble’s conclusion that Mr. Bernitz’s condition had improved to the point where he could no longer be considered disabled under the plan, and that USAble satisfied its burden to explain this view. As a result, under its deferential standard of review, the court of appeals found that the district court adequately upheld the denial and entered judgment in favor of USAble Life.

Discovery

Sixth Circuit

DiGeronimo v. UNUM Life Ins. Co. of Am., No. 1:22-cv-00773, 2025 WL 2459557 (N.D. Ohio Aug. 27, 2025) (Judge David A. Ruiz). In this action plaintiff Donald DiGeronimo seeks judicial review of defendant Unum Life Insurance Company’s denial of his claim for long-term disability benefits due to epilepsy related seizures. Pending before the court here was Mr. DiGeronimo’s discovery motion requesting that Unum be compelled to respond to interrogatories, produce documents, and engage in depositions. The court exercised its discretion to deny Mr. DiGeronimo’s motion. It found that his motion was “premised on speculation or mere allegations without meaningful factual foundation.” The court broadly agreed with Unum that Mr. DiGeronimo offered nothing more than mere allegations of bias and that his discovery request amounted to a fishing expedition. The court further stated its view that ERISA discovery requests concerning denial rates are of minimal value. The court also held that there was no indication in the present matter that Unum’s reviewers had a financial incentive to deny benefit claims and found “that the mere fact that an employee may not receive a bonus unless the company is profitable does not, without more, establish a sufficient foundation for bias to permit the extensive discovery sought.” Finally, the court held that Unum’s refusal to provide Mr. DiGeronimo with the resumes of its reviewers during the appeals process did not provide a foundation for opening up extensive discovery. For these stated reasons, the court denied the discovery motion, leaving the record as is.

ERISA Preemption

Ninth Circuit

Quinn v. Southern Cal. Edison Co., No. 2:25-cv-02624-ODW (KSx), 2025 WL 2432658 (C.D. Cal. Aug. 22, 2025) (Judge Otis D. Wright, II). From 1979 until his retirement in 2009 plaintiff Daniel Quinn was employed by Southern California Edison Company as a nuclear technical specialist at the company’s San Onofre nuclear generating station. For employees and retirees of the company residing outside of its service territories, Southern California Edison provided a 25% reimbursement for their electric service costs. Mr. Quinn received the electric service reimbursement benefit while he was an employee at Southern California Edison pursuant to an employee benefit plan, and following his retirement pursuant to a retirement plan. In 2023, the company did away with this benefit. Mr. Quinn sued his former employer in state court, and Southern California Edison responded by removing the case to federal court. Mr. Quinn filed a motion to remand, while Southern California Edison moved to dismiss the complaint. In this order the court denied the motion to remand and granted the motion to dismiss with prejudice. The court began with the motion to remand. It agreed with Southern California Edison that Mr. Quinn’s breach of contract, breach of fiduciary duty, and breach of implied covenant of good faith and fair dealing claims stem from the written retirement benefit plan governed by ERISA. As a result, the court concluded that both prongs of the Davila complete preemption test were satisfied, given the fact that Mr. Quinn seeks damages “including but not limited to the loss of retirement benefits to which he is entitled, and loss of use of the promised retirement benefits.” This type of relief, the court held, is available under Section 502(a) of ERISA, and only under ERISA. Accordingly, the court was satisfied that it has federal jurisdiction over this matter, and that remand is not appropriate. The court then discussed the motion to dismiss. First, the court granted the motion to dismiss the three state law causes of action that it established are completely preempted by ERISA. Mr. Quinn requested leave to amend these claims to avoid implicating the terms of the ERISA plan or the provisions of ERISA, but the court found that amendment could not possibly make the claims independent of ERISA. The court thus dismissed the breach of contract, breach of fiduciary duty, and breach of implied covenant of good faith and fair dealing claims with prejudice. Finally, the court considered Southern California Edison’s argument that Mr. Quinn’s remaining state law employment claims are barred by federal law because the nuclear plant is located within the federal enclave of Camp Pendleton. In response, Mr. Quinn contended that the injury at issue here is the revocation of his electric service reimbursement benefit, and that this harm did not occur in a federal enclave. The court did not agree. Rather, it held that for Mr. Quinn’s employment-based claims, his place of employment is the significant factor in determining whether his employment claims arose under the federal enclave doctrine. The court therefore determined that the locus of the remaining state law claims is the San Onofre nuclear generating station. The court then dismissed the employment-based state law claims on the grounds that each one is barred by federal law, either because it is inconsistent with state law or because the state law was enacted after Camp Pendleton became a federal enclave in the early 1940s. Again, the court determined that amendment could not cure these deficiencies. Consequently, the court dismissed all of Mr. Quinn’s claims with prejudice.

Medical Benefit Claims

Tenth Circuit

A.H. v. Healthkeepers, Inc., No. 2:22-cv-368-TS-CMR, 2025 WL 2463195 (D. Utah Aug. 26, 2025) (Judge Ted Stewart). In her teen years H.H. made several suicide attempts, engaged in self-harming behaviors, and was hospitalized multiple times. Her family enrolled her in various treatment programs, but each failed to adequately treat her ongoing mental health issues. As a result, in February of 2021, H.H.’s family admitted her to a residential treatment facility in Utah which specializes in treating teenagers experiencing mental health crises. The problem for her family was that their healthcare plan, insured and administered by Healthkeepers, Inc. (part of the Anthem Blue Cross conglomerate), would not cover the treatment because the facility was not appropriately accredited as required by the plan. After the coverage denial was upheld on appeal, the H. family sued under ERISA, asserting a single claim under the Mental Health Parity and Addiction Equity Act. Each party moved for summary judgment. In this decision the court granted Healthkeepers’ motion for judgment and denied plaintiff’s competing motion. At bottom, the court rejected both plaintiff’s facial and as-applied Parity Act challenges because it concluded that there was simply no evidence “that the credentialling requirements [in the plan] are any more onerous for mental health treatment facilities than for their medical/surgical counterparts or that they were enforced unevenly.” To the contrary, it appeared that the plan required all health delivery organizations and facilities, be they medical/surgical or mental health/addiction treatment facilities, to be appropriately credited, and that the plan also offered all facilities the same carveout and alternative path to receive approval in the event that traditional accreditation was for some reason complicated or unavailable for a given facility. Thus, the court concluded that there was no disparity between mental health providers and their medical or surgical counterparts with respect to eligibility requirements and coverage under the plan, either in the terms of the plan or how they were practically applied by Healthkeepers. As a result, the court determined that plaintiff’s Parity Act claim failed. It therefore entered judgment in favor of the defendant.

Pleading Issues & Procedure

Second Circuit

Aetna Life Ins. Co. v. Fast Lab Tech., LLC, No. 24-cv-2057 (PKC), 2025 WL 2463706 (S.D.N.Y. Aug. 27, 2025) (Judge P. Kevin Castel). Aetna Life Insurance Company initiated this action against the medical providers Dr. Martin Perlin and Fast Lab Technologies, LLC alleging that they engaged in a fraudulent COVID-19 testing scheme that caused Aetna to issue $2.4 million in wrongful payments. Fast Lab countersued under ERISA and state law seeking to recover $26 million on claims for COVID-19 tests that it maintains Aetna improperly denied without providing legitimate justifications. Aetna moved to dismiss all of Fast Lab’s counterclaims. In this decision the court granted Aetna’s motion. To begin, the court addressed Aetna’s grounds for dismissal of the provider’s ERISA claims. Aetna argued that Fast Lab had standing issues because it has not plausibly alleged that it received valid assignments from the patients. Additionally, Aetna contends that Fast Lab failed to exhaust administrative remedies prior to bringing claims under ERISA. The court disagreed with Aetna’s assertion that Fast Lab failed to plausibly allege that the Aetna members assigned their right to sue for reimbursement under ERISA. The court noted that Fast Lab quoted from the language of the assignments it alleges each of the insureds executed electronically as part of the registration process for its testing services. Based on the plain language of the assignment form, the court determined that the Aetna members plausibly authorized the provider to sue for benefits under their plans. Nonetheless, the court explained that more is required for Fast Lab to allege that it received “‘a valid assignment of a claim’ that comports with the terms of the at-issue ERISA plan.” This is where the court felt that the provider fell short, stating it had “not alleged any facts that would allow the Court to reasonably conclude that the assignments it received were consistent with the terms of any of the ERISA plans at issue. Fast Lab only offers the bare legal conclusion that ‘[u]pon information and belief, [Aetna’s] health plans do not prohibit members from assigning their rights to benefits, including direct payments, under the plan to Fast Lab,’ which the Court must disregard at this stage.” Therefore, the court held that Fast Lab did not plausibly allege that the assignments it received were valid under the terms of the thousands of ERISA plans under which it seeks payment so as to permit it to pursue claims under the statute. Moreover, the court agreed with Aetna that even if it put aside its reservations about Fast Lab’s standing to bring claims under ERISA, Fast Lab’s ERISA claims would nevertheless fail because the provider has not shown that it exhausted its administrative remedies under the ERISA plans before bringing its claims in court. For these reasons, the court dismissed the ERISA counterclaims. In addition, the court granted Aetna’s motion to dismiss the state law breach of contract claim, agreeing with the insurer that it is undisputed “in light of Fast Lab’s status as an out-of-network provider that there was no express contract between Fast Lab and Aetna.” As for Fast Lab’s promissory estoppel and unjust enrichment claims, the court concluded that they were not adequately pleaded, and that regardless they are preempted by ERISA, as they seek an alternate pathway to recovery of benefits under ERISA-governed healthcare plans, without attempting to enforce any obligation independent of those plans. Based on the foregoing, the court granted Aetna’s motion to dismiss all of Fast Lab’s counterclaims asserted against it.

Third Circuit

Gonzalez v. JPMorgan Chase Bank, No. 2:25-cv-01889-WJM-JRA, 2025 WL 2458344 (D.N.J. Aug. 26, 2025) (Judge William J. Martini). Plaintiff Alexandra Gonzalez sued JPMorgan Chase Bank, N.A. and those responsible for administering its ERISA-governed retirement plans on behalf of the plans and a putative class of their participants alleging that the fiduciaries breached their duties of prudence and monitoring. Defendants moved to dismiss the action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). In addition, the Stable Value Investment Association and the Chamber of Commerce of the United States of America moved for leave to file a brief as amici curiae. The court did not address the motion to dismiss for failure to state a claim or the motion for leave to file an amicus brief, as it instead agreed with defendants that the settlement agreement and general release Ms. Gonzalez entered into on January 19, 2025 bars her from bringing her breach of fiduciary duty claims under ERISA and moots her action. “Here, the Agreement includes an unambiguous covenant in which Plaintiff promised not to sue Defendants under ERISA.” Ms. Gonzalez raised three arguments as to why the agreement does not moot her claims, but the court found each unavailing. First, the court disagreed that the promise not to sue and class and collective action waiver provisions are unenforceable. Ms. Gonzalez attempted to stretch the logic of the effective vindication decisions voiding arbitration clauses containing similar provisions, but the court found those cases inapposite. In contrast to those cases, “this case involves a covenant not to sue and a class action waiver in a separate settlement agreement, not a plan document. Such individual settlement agreements that waive ERISA claims are enforceable because they ‘merely settle[] an individual dispute without altering a fiduciary’s statutory duties and responsibilities.’” Ms. Gonzalez’s second argument similarly failed. She argued that the agreement lacks a covenant not to sue distinct from the general release that defendants concede is unenforceable. The court responded that contrary to her position, the promise not to sue is found in a different paragraph from the release provisions. Finally, the court concluded that none of the agreement’s exceptions – for personal or business accounts, for payment of vested benefits under the terms of a plan, and for claims accruing after the execution date, January 19, 2025 – apply here. Having rejected Ms. Gonzalez’s arguments, the court agreed with defendants that her action must be dismissed because Ms. Gonzalez signed the agreement promising not to sue or to join a class action lawsuit against defendants thereby contracting away her right to bring those claims on behalf of the plan.

Sixth Circuit

Elliott v. Unum Life Ins. Co., No. 3:25 CV 1750, 2025 WL 2481007 (N.D. Ohio Aug. 28, 2025) (Judge James R. Knepp II). Seeking to challenge the social security disability (“SSDI”) benefit off-set in his ERISA-governed long-term disability benefit plan, pro se plaintiff Eric Elliott filed this action against defendants Unum Life Insurance Company of America, Brown & Brown, Vontier Corporation, and the Vontier Corporation Long-Term Disability Plan. Mr. Elliott alleges that the plan’s SSDI benefit offset violates ERISA and seeks injunctive, declaratory, and monetary relief preventing defendants from enforcing it. In addition to his complaint, Mr. Elliott filed a motion for a temporary restraining order (“TRO”) seeking to enjoin defendants from applying the challenged offset to his disability benefits. He also filed a motion for accommodations under the Americans with Disabilities Act. The court denied both of Mr. Elliott’s motions in this order. First, the court declined to issue a blanket ruling extending deadlines for filings and responses to account for Mr. Elliott’s cognitive limitations and fatigue. Such a broad request, the court determined, contravenes the Federal Rules of Civil Procedure, to which pro se litigants must still adhere. Thus, the court denied the request, but stated that “[t]o the extent Plaintiff wishes to seek extensions of time or other rulings permitted by the Federal Rules of Civil Procedure, he may do so in the context of the ongoing case.” Next, the court denied the TRO motion, holding that Mr. Elliott failed to demonstrate he is entitled to the extraordinary remedy of a TRO. “The Court cannot conclude on the basis of Plaintiff’s allegations alone that he is likely to succeed on the merits of his ERISA claims. Nor does the Court find that Plaintiff has demonstrated irreparable injury.” For these reasons, the court denied both of Mr. Elliott’s motions.

Eleventh Circuit

Abira Med. Lab., LLC v. WellCare Health, No. 8:24-cv-1278-MSS-NHA, 2025 WL 2476022 (M.D. Fla. Aug. 28, 2025) (Judge Mary Stenson Scriven). Plaintiff Abira Medical Laboratories, LLC filed this action against WellCare Health seeking reimbursement of claims for medical services under ERISA and state law. Defendant WellCare Health moved to dismiss the complaint. The matter was assigned to Magistrate Judge Natalie Hirt Adams. On July 22, 2025, Judge Adams issued a report and recommendation recommending the court grant in part and deny in part the motion to dismiss. The Magistrate specifically recommended that the court deny the motion to dismiss the ERISA claims, but grant the motion to dismiss the breach of contract and negligence claims on the basis of shotgun pleading. However, the report also recommended that the court deny the motion to dismiss to the extent it requests dismissal of the state law causes of action as preempted by ERISA. Dissatisfied with the Magistrate’s conclusions, each party timely filed objections to the report. In this brief order the court overruled the parties objections, granted the motion to dismiss in part, as recommended by the Magistrate, allowed Abira leave to file an amended complaint in which each claim for relief is asserted under its own count, and ordered Abira to file an affidavit providing certain information explaining who the real party-in-interest is in this case. To begin, the court overruled WellCare Health’s objection to the report’s recommendation that the court deny the motion to dismiss the ERISA claims. Defendant argued that case law requires plaintiffs suing for payment under ERISA plans to identify in their complaint the specific ERISA plan or plans and the specific terms under them that provide coverage. The court disagreed, stating that “Defendant cites no reported or binding case law that requires a plaintiff to identify in the complaint the specific ERISAplan under which the plaintiff seeks payment.” Instead, viewing the ERISA allegations in the complaint in the light most favorable to the provider, the court determined that they satisfy pleading requirements and survive the challenge under Rule 12(b)(6). However, the court did voice another independent concern. It noted that in a separate but similar case filed by Abira plaintiff has indicated that it no longer holds a laboratory medical testing license. The court was concerned that because it is no longer a practicing healthcare provider, Abira may not be the real party-in-interest in this litigation. Therefore, the court directed Abira to identify by affidavit any person or entity with an interest in these claims and advise who is funding this litigation and whether a subsequent assignment of the insureds’ claims asserted in this action have been made to any person or entity. The court then turned to plaintiff’s objections. It overruled them too, and agreed with the Magistrate that the state law causes of action are currently insufficiently pled because each state law claim impermissibly includes multiple claims under one count. Accordingly, upon consideration of the party’s objections, the court concluded that the report and recommendation should be affirmed and adopted in full, and that the current complaint should be dismissed in part, without prejudice.

Statutory Penalties

Seventh Circuit

Nash v. Retirement Committee, No. 3:24-CV-173-NJR, 2025 WL 2480613 (S.D. Ill. Aug. 28, 2025) (Judge Nancy J. Rosenstengel). On June 19, 2021, plaintiff Mary Nash’s husband, Barry, died, leaving her as his sole beneficiary under the Pfizer Consolidated Pension Plan. Ms. Nash’s communications with the Retirement Committee, the plan’s administrator, were unsatisfying and after nearly two and a half years of attempting to obtain information and ultimately accurate benefit payments, Ms. Nash sued Pfizer in state court in Illinois. The Retirement Committee removed the case to federal court, and the district court then stayed the action until November 15, 2024 to allow Ms. Nash time to exhaust her administrative remedies under the plan. After exhausting the administrative review process, Ms. Nash filed an amended complaint raising two counts against the Retirement Committee: (1) a claim for statutory civil penalties under 29 U.S.C. § 1024(b)(4) for defendant’s failure to timely furnish plan documents as required under ERISA, and (2) a claim for breach of fiduciary duty under ERISA. The Retirement Committee filed a motion to dismiss. Upon defendant’s filing of the motion to dismiss, Ms. Nash voluntarily dismissed count two. Accordingly, the question remaining before the court here was whether Ms. Nash alleged sufficient facts to state a claim for damages under 29 U.S.C. § 1024(b)(4). It concluded that she had not. The Retirement Committee argued that the letter Ms. Nash’s attorney sent on March 2, 2023 could not form the basis for a statutory penalties claim because it was deficient in several ways. First, it was not addressed to the Retirement Committee, but to the “Pfizer Benefits Center.” Second, it was mailed to a post office box in Cincinnati, Ohio, rather than to the Retirement Committee’s address in New Jersey, which is plainly indicated in plan documents. Third, the letter did not come from Ms. Nash, but from an attorney purporting to represent her. The Retirement Committee argued that an unverified request from an attorney does not trigger disclosure obligations from a plan administrator. Ms. Nash admits that the letter was sent to the wrong entity at the wrong address and that it did not specifically authorize counsel to act on her behalf. But she argued that these flaws should not be considered fatal to her civil penalties claim under § 1132(c)(1)(B). The court ultimately did not address whether the unverified request from Ms. Nash’s attorney triggered any disclosure obligations. Instead, it held that because the letter was not sent to the plan administrator or even to the correct address Ms. Nash failed to state her claim. Indeed, the court noted that there are no facts in the complaint which suggest that the Retirement Committee “received or was even aware of counsel’s March 2, 2023 letter.” These facts, the court held, are dispositive of the claim. As a result, the court granted the Retirement Committee’s motion to dismiss the statutory penalties claim. However, the court dismissed the complaint without prejudice and allowed Ms. Nash 30 days to file an amended complaint should she wish to.

Collins v. Northeast Grocery, Inc., No. 24-2339-CV, __ F.4th __, 2025 WL 2382948, 2025 WL 2383710 (2d Cir. Aug. 18, 2025) (Before Circuit Judges Walker, Wesley, and Bianco)

Standing issues pop up frequently in class actions against fiduciaries of retirement benefit plans. Everyone agrees that a plaintiff must demonstrate harm in order to bring such a suit. But what kind of harm? Does that harm have to be suffered personally, or be the same kind of harm that other people in the class suffered? How much proof is required?

The Second Circuit addressed these issues in this week’s notable decision. The plaintiffs were Gail Collins, Dean DeVito, Michael Lamoureux, and Scott Lobdell, who were all participants in The Northeast Grocery, Inc. 401(k) Savings Plan, a defined contribution ERISA-governed retirement plan. They alleged in a seven-count complaint that the defendants, all fiduciaries of the plan, breached various duties under ERISA in managing the plan.

Specifically, plaintiffs alleged that defendants (a) imprudently selected and monitored the plan’s investment options, (b) imprudently monitored the performance and expenses of the plan’s recordkeeper and investment manager, and (c) disloyally allowed excessive revenue-sharing arrangements with plan service providers.

The plaintiffs did not get far. Defendants filed a motion to dismiss, arguing, among other things, that plaintiffs did not have standing to assert some of their claims. The district court agreed and dismissed plaintiffs’ complaint without leave to amend. In doing so, the court held that plaintiffs did not suffer any injury, and thus did not have standing, in connection with some of the specific investment options they criticized because they did not invest in those options. (Your ERISA Watch covered this decision in our August 21, 2024 edition.)

In its ruling, the district court noted that “[t]he Second Circuit has not definitively resolved the issue of whether and to what extent participants of a defined contribution plan must demonstrate individual harm in order to bring claims concerning funds that they did not personally invest in.” Plaintiffs appealed, and the Second Circuit accepted the district court’s invitation to clarify its jurisprudence.

The Second Circuit began by explaining that there are three types of standing in cases like this: (1) statutory standing; (2) constitutional standing under Article III; and (3) class standing. There was “no dispute” that plaintiffs satisfied the first requirement because ERISA authorizes suits against plan fiduciaries.

As for constitutional standing, the Second Circuit observed that “defined contribution plan participants seeking to obtain monetary relief for alleged ERISA violations must allege a non-speculative financial loss actually affecting, or imminently threatening to affect, their individual retirement accounts.”

The court noted that some of plaintiffs’ allegations fit this bill. For example, they argued that recordkeeping fees were too high, which affected all the funds invested in by the plan, and thus affected them personally. Furthermore, plaintiffs Collins and Lobdell had personally invested in one of the funds that they contended was mismanaged.

However, the Second Circuit ruled that four of plaintiffs’ claims were not sufficiently tethered to a concrete harm to support constitutional standing. It addressed each of them separately.

First up was plaintiffs’ argument that defendants failed to investigate the availability of “lower-cost and equally or better performing share classes.” The court ruled that while this might be a viable argument in some circumstances, here plaintiffs “did not allege that they suffered any individual injury arising from Defendants’ failure to investigate the availability of lower-cost and equally or better performing share classes.” Plaintiffs identified three investment options that had cheaper share classes, but “the complaint did not allege that any Plaintiff invested in any of these imprudent funds,” or in any other fund where a cheaper share class was available.

Plaintiffs contended that by identifying these three flawed investment options, the court could reasonably infer that defendants were mismanaging the plan in general, and thus, all accounts were injured by defendants’ imprudence. However, the Second Circuit deemed this argument “conclusory.” The court “decline[d] Plaintiffs’ invitation to speculate that there were injuries to their own investment accounts based on the alleged retention of more expensive share classes in three of twenty-eight investment options, in which no Plaintiff chose to invest his or her retirement assets, and their similar invitation to speculate about harms that they did not plead with respect to their other claims.”

For the same reason, the Second Circuit rejected plaintiffs’ second argument that defendants should have invested in lower-cost, better-performing alternative funds. In their complaint plaintiffs identified two allegedly expensive and/or underperforming investment options, but once again, “No Plaintiff invested in either fund, and the complaint did not allege in a non-conclusory fashion that any of the funds in which Plaintiffs did invest suffered the same defects.”

Plaintiffs’ third claim was that defendants “acted imprudently by permitting the Plan’s recordkeeper…to receive excessive compensation through funds with a revenue sharing scheme that indirectly compensated [the recordkeeper].” However, as with their prior allegations, plaintiffs “did not plead that they were individually harmed by Defendants’ failure to monitor the revenue sharing scheme.” Plaintiffs identified only one fund that had engaged in improper revenue sharing, but no plaintiff had invested in that fund. Plaintiffs also did not allege that any of them had invested in other funds that engaged in such revenue sharing.

Plaintiffs’ fourth claim was that defendants breached their duty of loyalty “by including certain excessively costly funds with revenue sharing that benefited the Committee at the expense of Plan participants.” Again, plaintiffs identified two funds in their allegations, but “did not allege that they invested in either fund, or in any other specific high-cost fund with revenue sharing[.]” As a result, they “did not allege any injury[.]”

Having dispensed with plaintiffs’ constitutional standing, the Second Circuit then turned to the third type of standing: class standing. The court agreed that plan participants “may in certain circumstances bring claims on behalf of other participants that chose entirely different investment options.” However, under the court’s class standing test, plaintiffs have to plausibly allege “(1) that [they] personally ha[ve] suffered some actual injury as a result of the [purportedly] illegal conduct of the defendant, and (2) that such conduct implicates the same set of concerns as the conduct alleged to have caused injury to other members of the putative class by the same defendants.”

The court ruled that plaintiffs failed this test for the same reasons they did not have constitutional standing: “Plaintiffs failed the first step of our standing test because they did not plausibly plead that they suffered any individual injury in connection with the identified claims.” The court stated its test was “designed to ensure that a named plaintiff may ‘properly assert claims’ on behalf of absent class members because his litigation incentives ‘are sufficiently aligned with those of the absent class members.’” However, “without any showing of an individual injury, we cannot find that Plaintiffs have any proof of their own claims, let alone that proof supporting their claims would tend to prove the class claims.”

The court further rejected the idea that plaintiffs could create standing by alleging an injury to the plan as a whole, regardless of whether they had suffered an individual loss. The court stated that while losses to individual accounts are by necessity losses to the plan, because “all assets in a plan…are plan assets,” “that logic does not always work in reverse. Losses to plan assets arising from an ERISA violation are not necessarily losses to an individual participant, vesting that participant with a personal stake in a case or controversy.”

In short, the Second Circuit agreed with the district court that plaintiffs lacked constitutional and class standing to assert several of their claims because they did not adequately plead that they had suffered individual harm caused by defendants’ imprudence or disloyal management.

In an unpublished companion order, the court addressed the other, non-standing issues raised by the case. The Second Circuit agreed with the district court that plaintiffs “failed to plausibly allege that Defendants imprudently selected and monitored the Plan’s investment options because certain investment options underperformed alternatives.” The court ruled that underperformance alone could not support a breach of fiduciary duty claim, and furthermore, the comparison funds cited by plaintiffs did not constitute “meaningful benchmarks.”

The Second Circuit also agreed with the district court that plaintiffs failed to adequately allege that the investment advisory fees and recordkeeping fees paid by the plan were excessive. “Plaintiffs cannot rely, as they in effect do here, on bare allegations that other plans paid lower fees.” The court admitted that “Defendants’ alleged failure to undertake competitive bidding for recordkeeping services was probative of imprudence,” but “that allegation was insufficient on its own to state a claim.”

The Second Circuit also rejected plaintiffs’ argument that because they had made allegations supporting a breach of fiduciary duty with respect to some plan processes, the court should conclude that defendants employed a flawed process in general. “[W]e cannot accept Plaintiffs’ invitation to infer from flaws in one investment option that the Committee’s plan-wide decision-making was imprudent and/or disloyal and thus ‘affected every other choice made for the limited participant menu of 28 offerings.’”

Plaintiffs had more success with their prohibited transaction claim. Following the Supreme Court’s recent decision in Cunningham v. Cornell Univ., 145 S. Ct. 1020 (2025), the Second Circuit held that the district court erred by ruling that plaintiffs were required to plead that the transactions at issue were “unnecessary” or “involved unreasonable compensation.” Pursuant to Cunningham, these are affirmative defenses that plaintiffs are not required to address in order to get past a motion to dismiss.

This was a pyrrhic victory, however, as the plaintiffs lost on every other issue, including whether the district court should have given them leave to amend their other claims. As a result, the case heads back to the district court a shell of its former self, with only the prohibited transaction claims remaining.

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

Breach of Fiduciary Duty

First Circuit

Taylor v. BDO USA, P.C., No. 25-10128, 2025 WL 2420941 (D. Mass. Aug. 21, 2025) (Judge Richard G. Stearns). Two years ago, on August 31, 2023, the privately held company BDO USA, P.C. created an Employee Stock Ownership Plan (“ESOP”). “At its inception, the ESOP purchased some 42% of BDO’s outstanding shares of stock from the Company’s principals for approximately $1.3 billion.” To finance the stock purchase, BDO procured a loan from the private capital firm Apollo Global Management at an interest rate of 11.36%. The plaintiff in this putative class action, Tristin Taylor, is a participant in the plan. He alleges that BDO, its board of directors, and the BDO ESOP trustees collectively orchestrated the ESOP transaction with the goal of causing the ESOP to pay for BDO stock at an artificially inflated price by providing inaccurate and misleading information about the company’s business affairs in order to personally enrich themselves. According to the complaint, this misleading information included inflated earnings and unreasonable projections which prompted the fiduciary tasked with representing the ESOP and scrutinizing the purchase, State Street Global Advisors Trust Company, to adopt the inflated valuation as the fair market value of the stock. Mr. Taylor maintains that this was a breach of fiduciary duty and caused the ESOP to engage in prohibited transactions in violation of ERISA. The defendants collectively moved to dismiss the complaint for lack of standing under Rule 12(b)(1) and for failure to state a claim under Rule 12(b)(6). Because the court agreed that there are currently issues with standing, the court dismissed the action under Rule 12(b)(1), but did so without prejudice. One of the major problems identified by the court was the fact that the complaint “does not allege that Taylor made any monetary contribution to the ESOP Transaction or that he was saddled with any obligation to repay the loan to Apollo, much less even venturing a guess as to the actual then and now value of Taylor’s ESOP account.” The court thus viewed the complaint as offering only mere speculation that Mr. Taylor suffered a cognizable injury. Even putting that issue aside though, the court also took issue with the complaint’s failure to allege any measure suggesting that the ESOP did in fact overpay for the BDO stock, such as, for instance, allegations that “outside purchasers or financing had been sought but were unavailable at terms preferable to those negotiated by State Street.” Further problematic to the court was the fact that the complaint does not contain any factual content to draw a plausible inference that the defendants personally contributed to State Street’s alleged overvaluation. For these reasons, and others, the court agreed with defendants that the complaint in its current form does not reasonably establish that Mr. Taylor suffered an injury-in-fact traceable to the conduct at issue. Accordingly, the court granted the motion to dismiss without prejudice.

Second Circuit

Humphries v. Mitsubishi Chemical Am., Inc., No. 1:23-cv-06214 (JLR), 2025 WL 2402281 (S.D.N.Y. Aug. 19, 2025) (Judge Jennifer L. Rochon). Plaintiffs Robert Humphries and Dennis Mowry bring this representative action on behalf of the Mitsubishi Chemical America Employees’ Savings Plan and a putative class of its participants alleging that their former employer, Mitsubishi Chemical America, Inc., the administrative committee of the plan, and the members of Mitsubishi’s board of directors have violated ERISA by falling short in their fiduciary obligations. Specifically, plaintiffs allege that defendants have breached their fiduciary duties by employing flawed selection and monitoring processes which resulted in the plan investing in high-cost share classes and paying too much for recordkeeping and administrative services. The court previously granted defendants’ motion to dismiss the initial complaint. Plaintiffs subsequently amended. Defendants then filed a motion to dismiss the amended complaint. In their motion defendants offered several grounds for dismissal. First, they challenged plaintiffs’ standing to assert share class claims and argued that they do not have standing to challenge the mutual funds they did not personally invest in. Second, defendants argued that the complaint fails to state share class and excessive fee fiduciary breach claims under ERISA. Finally, defendants argued that the complaint fails to plausibly allege that Mitsubishi Chemical and its board of directors functioned as fiduciaries with regard to the challenged conduct. The court addressed each of these arguments separately, beginning with the threshold issue of standing. Contrary to defendants’ position, the court concluded that plaintiffs asserted class standing under the requirements of the Second Circuit. The court held plaintiffs showed that (1) Mr. Mowry invested in two of the seven mutual funds at issue demonstrating he suffered an actual injury as a result of defendants’ conduct and (2) that such conduct implicates the same set of concerns as the rest of the putative class members who invested in the five other mutual funds plaintiffs did not themselves personally invest in. Thus, the court concluded that plaintiffs have Article III standing to bring all of their claims. It therefore turned to the merits of those claims. Focusing on the share class claims first, the court determined that it could plausibly infer fiduciary misconduct based on the well-pleaded allegations claiming defendants’ process for selecting and monitoring the menu of share-class investment options available in the plan was flawed, as any scrutiny would have revealed that cheaper versions of these funds were available. The court added that defendants’ arguments justifying their selection of the challenged funds go to the merits of the claims and are misplaced at this early stage in the proceedings, before discovery has commenced. The court therefore found that plaintiffs adequately pleaded fiduciary breach claims related to the share classes, and denied the motion to dismiss them. However, the recordkeeping fees were a different matter. Relying on two recent Second Circuit decisions, the court concluded that plaintiffs’ “virtually identical allegations” about the fungible and interchangeable services offered to large defined contribution plans simply misses the mark. Rather, under the precedent laid out in those decisions, plaintiffs in fee cases are required to detail the number of services provided as well as the quality of such services for both the plan and the identified comparators. “Indeed, ‘a plaintiff alleging excessive recordkeeping fees must provide meaningful benchmarks and cannot rely on bare allegations that other plans paid less.’” Finding that plaintiffs’ arguments have been foreclosed by the Second Circuit’s precedent, the court granted defendants’ motion to dismiss the fee claims. And its dismissal, this time, was with prejudice. Finally, the court discussed whether Mitsubishi and its board of directors can be considered fiduciaries of the plan for the purposes of the charged conduct. It found that Mitsubishi could be, but that the board of directors could not. With regard to Mitsubishi, the court agreed with plaintiffs that the company’s designation as plan administrator and its discretionary authority to control the operation, management, and administrator of the plan, suffice to plausibly establish that it was a fiduciary regarding the conduct at issue. However, the court determined that the board of directors did not enjoy the same fiduciary responsibility with respect to the plan. Instead, its role was limited to decision-making about committee member appointments. The amended complaint is devoid of any allegations of misconduct related to the board’s failure to adequately monitor or manage the advisory committee. As a consequence, the court agreed with defendants that plaintiffs had not adequately pleaded that the board of directors exercised discretionary authority over the investment decisions related to the share classes of the seven mutual funds. The court therefore dismissed the board of directors from the case. Again, this dismissal was with prejudice. Thus, as explained above, the court granted in part and denied in part defendants’ motion to dismiss.

Third Circuit

Barragan v. Honeywell Int’l Inc., No. 24-cv-4529 (EP) (JRA), 2025 WL 2383652 (D.N.J. Aug. 18, 2025) (Judge Evelyn Padin). Plaintiff Luciano Barragan filed this putative class action lawsuit against his former employer, Honeywell International, Inc., alleging that it violated its fiduciary duties and engaged in prohibited transactions under ERISA by using forfeited employer contributions in its 401(k) plan to offset future employer contributions rather than to defray administrative costs. The court previously dismissed Mr. Barragan’s complaint, but in doing so afforded him the opportunity to amend. He did so, and Honeywell again moved for dismissal of the amended complaint. In this order the court dismissed Mr. Barragan’s action with prejudice. In dismissing the complaint the court concluded that Mr. Barragan’s allegations of fiduciary misconduct and improper handling of plan assets were implausible and stretched the law beyond its intended reach. Broadly, the court held that the participants received all the benefits to which they were entitled, that Honeywell abided by the terms of the plan, and that Honeywell’s use of the forfeitures did not harm the participants. The court stressed that ERISA does not impose any requirement to maximize pecuniary benefits and instead grants fiduciaries a great deal of leeway when it comes to plan design and administration. “Moreover, the Court fails to see how selection of an option afforded to Honeywell in its discretion, without more, constitutes a ‘conflict of interest.’” The court stated that it simply disagreed with Mr. Barragan’s overarching theories of fiduciary misconduct and concluded that his alleged wrongdoing amounted to little more than a difference in preference over how to use the forfeited funds. Finally, the court dismissed the Section 1106 prohibited transaction claims, finding that Mr. Barragan failed to allege any unlawful transaction that falls within § 1106(a)(1) or (b). Accordingly, the court dismissed all of Mr. Barragan’s claims, and because it had already afforded him the opportunity to amend and still continued to find his legal theories unpersuasive, the court dismissed the amended complaint with prejudice.

Fumich v. Novo Nordisk Inc., No. 24-9158 (ZNQ) (JBD), 2025 WL 2399134 (D.N.J. Aug. 19, 2025) (Judge Zahid N. Quraishi). Plaintiffs John Fumich Laura Mischley, Raphael Hinton, Ronnie McLean, and Thomas Chaffin, individually and on behalf of a proposed class, sued the fiduciaries of Novo Nordisk Inc.’s 401(k) Savings Plan, alleging they breached their fiduciary duties of loyalty, prudence, and monitoring, and violated ERISA’s anti-inurement provision. Plaintiffs’ allegations of misconduct fell into three categories: (1) claims related to recordkeeping and administrative fees; (2) claims relating to the underperformance of the Schwab Target Date Funds in the plan; and (3) claims related to Novo Nordisk’s use of forfeitures. Defendants moved for dismissal of the claims premised on the decisions to include the Schwab Funds as plan investments and the claims related to the use of forfeitures to offset employer contributions instead of paying recordkeeping fees. They did not seek dismissal of the fee claims. In this order the court agreed with defendants’ arguments in favor of dismissal and dismissed the fiduciary breach and anti-inurement claims, without prejudice, as requested by defendants. The court began with the investment claims. It determined that plaintiffs’ allegations relating to the Schwab Funds were “conclusory and speculative and fail to make out a claim that the Retirement Committee breached the fiduciary duty of prudence. Although Plaintiffs allege that the Schwab Funds significantly underperformed, they fail to plead allegations pertaining to the Retirement Committee’s process in arriving at its decision to use the Schwab Funds.” The court also noted that in its view the underperformance of the challenged investments “was only slight in comparison to other funds, militating against an inference that Defendants acted imprudently.” Next, the court addressed the claims stemming from defendants’ chosen use of forfeitures. Because the plan expressly allows for the use of forfeited funds to reduce the employer’s future contributions, the court stated that the plain text of the plan was fatal to plaintiffs’ allegations. Additionally, the court stated that requiring defendants to use forfeitures to pay administrative costs would “use the fiduciary duties of loyalty and prudence to create a new benefit to participants that is not provided in the plan document itself.” Moreover, although defendants benefitted from their chosen use of forfeitures, the court agreed with them that this benefit could not in and of itself constitute an anti-inurement violation because the assets never left the plan. The court therefore dismissed the fiduciary breach and anti-inurement claims concerning the use of the forfeited funds. For these reasons, the court dismissed the claims in exactly the way the defendants sought, and allowed only the excessive recordkeeping fee claims to proceed.

Fourth Circuit

Carter v. Sentara Healthcare Fiduciary Comm’ee, No. 2:25-cv-16, 2025 WL 2427614 (E.D. Va. Aug. 11, 2025) (Judge Jamar K. Walker). Plaintiffs in this action are participants of Sentara Healthcare’s defined contribution retirement plan. They seek to represent a class of plan participants and beneficiaries in a case alleging that the fiduciaries of the plan violated their duties under ERISA by imprudently managing a stable value investment option in the plan – the Guaranteed Interest Balance Contract. Defendants moved to dismiss. First, they argued that one of the named plaintiffs, Bonny Davis, should be dismissed for lack of standing. Next, they argued that the complaint fails to state a claim for fiduciary breach under ERISA because it does not allege that they made unreasonable judgments as fiduciaries. The court addressed Ms. Davis’s standing first. Although it was somewhat of a technicality, the court granted the motion to dismiss Ms. Davis. The court did so as the complaint does not plead that she was invested in the stable value fund at issue. However, the court noted that after defendants submitted their motion, plaintiffs provided documentation which showed that Ms. Davis’s assets were invested in the Guaranteed Interest Balance Contract. Because the court was bound to consider the motion by looking solely at the complaint, it agreed with defendants that dismissal was appropriate. But in light of the evidence plaintiffs provided after the fact, the court concluded that it is appropriate to grant them leave to amend the complaint to correctly plead Ms. Davis’s standing. Defendants’ motion to dismiss under Rule 12(b)(6), meanwhile, was entirely unsuccessful. The court stated that it would “allow both claims to survive because the plaintiffs plead that the defendants had no process to evaluate whether their stable value option was a reasonable investment decision.” Given that the complaint alleges defendants had no viable, documented process or methodology to monitor the investments, the court determined that the complaint clears the pleading bar. The court also rejected defendants’ challenge to the funds plaintiffs offered in comparison to the stable value fund. Such an exercise, the court concluded, would require factual determinations not appropriate to address at this stage. Accordingly, the court denied the motion to dismiss plaintiffs’ fiduciary breach causes of action.

Class Actions

Eleventh Circuit

Marrow v. E.R. Carpenter Co., Inc., No. 8:23-cv-02959-KKM-LSG, 2025 WL 2390734 (M.D. Fla. Aug. 18, 2025) (Judge Kathryn Kimball Mizelle). In this putative class action plaintiff Saroya Marrow alleges that her former employer, E.R. Carpenter Co., failed to comply with the governing regulations of the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) in the notice she was given after her termination which resulted in her decision not to elect continuing health coverage, causing her economic harm. Ms. Marrow moved to certify two classes, a nationwide class and a Florida class, made up of thousands of potential class members. On the present record, the court was not convinced that Ms. Marrow has demonstrated Article III standing to sue. The court also had serious reservations about commonality under Rule 23(a) because of standing issues. Combined, these problems with standing prevented the court from certifying the classes. The decision began with an analysis of Ms. Marrow’s personal standing. The court noted at the outset that Ms. Marrow alleges both informational and economic injuries. But the court found that information developed during discovery called into question many of the downstream consequences she suffered because of the allegedly noncompliant COBRA notice. Though Ms. Marrow referred to medical bills related to a hospitalization following her termination and the costs of treatment for an ongoing chronic condition, these bills are absent from the record and have not been produced. Moreover, Ms. Marrow claims that her daughter lost coverage after her termination, but evidence contradicts this account and seems to indicate that her daughter was never enrolled in Carpenter’s health plan in the first place. But even assuming that Ms. Marrow did suffer an injury, the court stated that it continues to have questions about traceability. The court could not piece together from the current record how the notice’s errors caused Ms. Marrow’s stated injuries. Moreover, Ms. Marrow’s testimony that she consulted with legal counsel about the COBRA notice before Carpenter ever sent it suggested to the court that she may already have been aware of her COBRA rights before she received the notice. Taken together, these issues prevented the court from conclusively finding that Ms. Marrow has Article III standing. The court therefore ordered Ms. Marrow to submit evidence proving her standing to sue by no later than September 2, 2025. However, there was more. In addition to personal standing problems, the court had larger concerns regarding the two proposed classes. It concluded that individualized standing issues for each of the thousands of class members prevents certification under Rule 23. The court took the view that it would need to determine for each class member whether they suffered an injury-in-fact traceable to the COBRA notices, which would require reviewing insurance records and medical expenses for each and every person. Further, for each individual who suffered a cognizable economic injury, the court determined that it would need to consider whether that harm resulted from the alleged deficiencies in the notice or if it was the result of some other reason the individual had for not electing continued coverage. Thus, the court felt that before awarding relief, it “would have to conduct hundreds, if not thousands, of individualized mini trials on the first two elements of the standing test.” Accordingly, the court found that individual issues predominate over common ones. For these reasons, the court denied Ms. Marrow’s motion for class certification.

Discovery

Fourth Circuit

In re: Blackjewel, LLC, No. 19-30289, 2025 WL 2382815 (S.D.W.V. Aug. 15, 2025) (Judge Benjamin A. Kahn). In July of 2019 the industrial coal mining companies Blackjewel, LLC and Revelation Energy, LLC filed for chapter 11 bankruptcy. At the time of the initial bankruptcy filing these companies employed approximately 1,700 employees. Blackjewel and Revelation were in a tight spot after they failed to secure debtor-in-possession financing at the outset of their case, which forced them to suspend operations and furlough almost all of their workers. They then needed to rehire a subset of these employees in order to liquidate their assets and wind-down their operations. Everything got messy when it came to the operations of the companies’ self-funded ERISA healthcare plans. This prompted the Department of Labor (“DOL”) to get involved. On August 8, 2019, the DOL filed a claim in the bankruptcy case on behalf of the prior healthcare plans regarding money due under them for any and all unpaid amounts resulting from the post-petition operation of the plans, including damages arising from their operation subsequent to the bankruptcy petition date, as much as $14 million. Before the court here was the DOL’s motion to compel the Trust to comply with certain requests for production. The purpose of this discovery is solely to determine the administrative priority of the DOL claim. In this decision the court granted the Labor Department’s motion in part and denied it in part. Importantly, the parties did not dispute that the health plan claims of the employees who returned post-petition are entitled to administrative priority. Rather, they disputed whether to include post-petition claims of furloughed employees who did not return to work. “The DOL contends that the health plan claims of furloughed employees are also entitled to administrative priority because no benefit to the estate needs to be shown when a claim arises from a violation of the law and, alternatively, even if a benefit to the estate needs to be shown, that requirement is met because the continued operation of the Prior Health Plan for furloughed employees provided substantial value to Debtors’ estates.” The court held that the DOL must demonstrate a benefit to the estate to entitle the claims of the furloughed employees to administrative expense priority. Additionally, the court found that the benefit to the estate provided by the furloughed employees “must be actual and not speculative.” The Department of Labor argued that the continued operation of the healthcare plans provided a benefit to the estate as it gave the furloughed employees an incentive to remain with the company, which in turn made the companies more attractive to potential arguments. But the court found this argument speculative and insufficient to confer an actual benefit on the estate. Instead, the court determined that an actual benefit to the estate only exists if the actual purchases made continued healthcare benefits to furloughed employees as a condition of their consummation of a purchase. “Thus, to the extent that the requests for production seek documents and communications related to the negotiations of potential purchasers, or documents and communications related to actual purchasers that do not discuss continued health benefits to furloughed employees, the requests are overly broad.” The court therefore decided that it would limit the production request so as only to permit discovery related to the communications with actual purchases. It stated that it would therefore allow the DOL’s requests for production to the extent relevant to a determination of the benefit to the estates. The court compelled the Trust to produce all documents from July 1, 2019 through August 31, 2019 that refer to maintaining or terminating the prior health plans, as well as any and all documents that discuss or are related to maintaining the plans in connection with a transaction or contemplated transaction with any actual purchases of assets from the estates, or that discuss or relate to continuing to provide healthcare benefits to furloughed employees. Finally, the court ruled on the applicability of ERISA’s fiduciary exception to the attorney-client privilege. It held that “[e]ven if the fiduciary exception might apply to an operating debtor in possession who is acting as a plan fiduciary, it does not apply in this liquidating case.” The court explained that “[t]he fiduciary exception is grounded in the premise that, when performing fiduciary functions, the beneficiary, rather than the fiduciary, is the ultimate client who is entitled to claim privilege. The agreed topic for discovery in this case is solely what amount, if any, of the DOL Claim is entitled to administrative priority… Determination of administrative priority is not an ERISA enforcement action or a claim for damages under ERISA, and any putative breach of ERISA is not relevant to the priority determination for the reasons stated above. Entitlement to administrative expense priority arises under the Bankruptcy Code, not ERISA. Thus, whether Debtors or the Trust upheld any respective fiduciary duties or complied with ERISA is not relevant to determining what portion, if any, of the DOL Claim provided an actual benefit to the estates and might be entitled to administrative priority.” The court therefore determined that the fiduciary exception is inapplicable. Accordingly, the court held that its production order applies only to all non-privileged documents responsive to the requests for production. Thus, as explained above, the court granted the DOL’s discovery motion in part and ordered the Trust to produce the specified documents. 

ERISA Preemption

Ninth Circuit

Beach Dist. Surgery Ctr. v. EP Wealth Advisors, LLC , No. 2:25-cv-01313-ODW (RAOx), 2025 WL 2420815 (C.D. Cal. Aug. 19, 2025) (Judge Otis D. Wright, II). Plaintiff Beach District Surgery Center is a California healthcare provider that performed surgery on a patient in February of 2023 for which it believes it was not fully compensated based on oral promises guaranteeing that medical services would be paid at usual and customary rates rather than Medicare rates during pre-authorization phone calls with a representative of defendant EP Wealth Advisors, LLC. Beach District sued EP Wealth Advisors in California state court, asserting state law claims of negligent misrepresentation and promissory estoppel arising from this communication. EP removed the case to federal court based on complete preemption under ERISA Section 502(a). Beach District responded by moving to remand its action. EP then filed a motion to dismiss pursuant to conflict preemption under ERISA Section 514(a). In this decision the court concluded that Beach District’s claims are not completely preempted under Section 502(a), and that it therefore lacks federal subject matter jurisdiction. The court reached this conclusion by relying on Ninth Circuit precedent set in Marin General Hosp. v. Modesto & Empire Traction, 581 F.3d 941 (9th Cir. 2009). In Marin the Ninth Circuit held that when an oral promise, rather than ERISA plan terms, provides the basis for recovery of a provider’s state law claims, those claims are wholly independent of ERISA. The court held “that Marin controls the outcome here.” Moreover, it stated Beach District’s action fails both prongs of the Davila preemption test. First, it held that, “[a]s Beach District could not have brought its claims under ERISA § 502(a)(1)(B), EP does not satisfy the first Davila prong.” Second, it found that “Beach District unambiguously asserts an entitlement to recovery that is based on an independent legal duty – namely state law negligent misrepresentation and promissory estoppel arising from the February 3, 2023 communication in which EP’s representative promised payment for medical services at the UCR rate rather than under the Medicare Fee Schedule.” Accordingly, the court held that EP failed to establish that both prongs of Davila are satisfied and, by extension, that complete preemption applies. The court therefore concluded that it lacks jurisdiction over this action. Consequently, the court granted Beach District’s motion to remand, denied as moot EP’s motion to dismiss, and remanded the case back to state court.

Life Insurance & AD&D Benefit Claims

Seventh Circuit

Presnal v. Dearborn Nat. Life Ins. Co., No. 3:23-CV-290-CCB, 2025 WL 2390485 (N.D. Ind. Aug. 15, 2025) (Judge Cristal C. Brisco). Decedent Maribeth Presnal was an employee of Beacon Health System, Inc. and a participant in Beacon’s term life and accidental death and dismemberment plan insured by Dearborn National Life Insurance Company. The group life insurance policy states that coverage under it will terminate when a participant is no longer actively at work, at which time a participant will have 31 days to convert the policy to an individual life insurance policy. The conversion period is extended by an additional 60 days if the terminated employee did not receive a notice of his or her conversion rights. To convert the coverage, the participant must submit to Dearborn a written application along with the first premium payment for the individual life insurance policy. In late 2016, Ms. Presnal’s health started to decline and she was terminated from her position at Beacon at the end of the year. It is undisputed that Beacon did not provide notice to Ms. Presnal of her conversion rights, so she was afforded an additional 60 days to convert life insurance coverage to an individual policy. It is also undisputed that Ms. Presnal did not do so. She died five years later, in December of 2021. After her death, Ms. Presnal’s spouse, Edwin Presnal, submitted a claim for life insurance benefits. Dearborn denied the claim because Ms. Presnal had never converted her coverage under the group policy to an individual policy, since she did not timely send in the requisite application and premium payment. Edwin sued Dearborn and Beacon under ERISA, seeking to recover the life insurance benefits. He argued that the time for his late wife to pay her premiums and convert her basic life coverage to an individual policy was equitably tolled due to her mental incapacity from her illness. In an earlier order granting in part Beacon’s motion to dismiss, the court held that while the employer had no duty to inform Ms. Presnal of her conversion rights, “there exists a plausible claim that Maribeth’s right to convert or make her premium payments was equitably tolled because of her mental capacity.” Defendants and Mr. Presnal filed cross-motions for summary judgment. In their motions defendants asked the court to reconsider its earlier determination that equitable tolling could apply to extend the conversion period. They offered a case from the Fourth Circuit, Hayes v. Prudential Ins. Co. of Am., 60 F.4th 848 (4th Cir. 2023), in support of their position. In that decision the Fourth Circuit held that equitable tolling can only apply to time periods that operate as a statute of limitations and that a life insurance conversion deadline is not a statute of limitations. The court of appeals reasoned, “[s]tatutes of limitations establish the period of time within which a claimant must bring an action…no cause of action for benefits accrues when a participant misses a conversion deadline. Indeed, a participant whose policy has expired, unconverted, has no benefits due under the plan for any later occurrence because that participant lacks coverage.” In this decision the court found the logic of the Hayes decision, which directly addresses the applicability of equitable tolling to a conversion period, persuasive. It then stated that Mr. Presnal did “not provide any caselaw or statutory authority to support the conclusion that a deadline to convert under a plan’s terms can be equitably tolled, or that the doctrine of equitable tolling can apply to extend deadlines in a plan other than a limitations period.” Therefore, the court found that the doctrine of equitable tolling cannot extend the deadline to convert the group policy to an individual policy under the plan’s terms. Moreover, the court determined that this is a case seeking benefits under a plan, not a case for equitable relief, and as a result plaintiff’s claim for benefits does not provide legal authority to alter the plan’s terms. Accordingly, the court concluded that because Ms. Presnal did not timely convert her coverage to an individual policy and the deadline to do so cannot be equitably tolled, her widower cannot assert a claim for the life insurance benefits. Therefore, the court determined that Dearborn and Beacon are entitled to judgment as a matter of law. The court thus granted defendants’ motions for summary judgment on all of Mr. Presnal’s claims and denied Mr. Presnal’s cross-motion for summary judgment.

Eighth Circuit

Kleinsteuber v. Metropolitan Life Ins. Co., No. 23-3494 (JRT/DTS), 2025 WL 2403123 (D. Minn. Aug. 19, 2025) (Judge John R. Tunheim). Plaintiff Charles Kleinsteuber’s wife Dana died in a tragic accident administering her own at-home dialysis treatment which resulted in acute blood loss. Defendant Metropolitan Life Insurance Company (“MetLife”) paid life insurance benefits to Mr. Kleinsteuber after her death but declined to pay benefits under an accidental death and dismemberment policy. After exhausting his administrative remedies, Mr. Kleinsteuber filed this action seeking judicial review of MetLife’s denial of the accidental death benefit claim. Both parties moved for summary judgment under arbitrary and capricious standard of review. The question before the court was whether MetLife’s denial of the claim under the policy’s exclusion for loss caused or contributed to by illness or the treatment of such illness was an abuse of discretion. Sympathy for Mr. Kleinsteuber notwithstanding, the court found that the denial was not an abuse of discretion. It determined that MetLife’s interpretation of the relevant provision was reasonable, that the application of that interpretation was supported by substantial evidence, and that MetLife’s conflict of interest did not outweigh these other factors. Ultimately, the court held that it was reasonable to conclude that the botched self-administered dialysis treatment directly contributed to the acute blood loss which caused Ms. Kleinsteuber’s death. Accordingly, the court held that the plan exclusion applied and that MetLife did not act arbitrarily or capriciously by denying Mr. Kleinsteuber’s claim. Therefore, the court denied Mr. Kleinsteuber’s motion for summary judgment and granted MetLife’s motion for summary judgment.

Medical Benefit Claims

Tenth Circuit

S.F. v. Cigna Health & Life Ins., No. 1:22-cv-68-HCN, 2025 WL 2402032 (D. Utah Aug. 19, 2025) (Judge Howard C. Nielson, Jr.). Plaintiffs S.F. and E.F. sued their healthcare plan, Slalom LLC Healthcare Benefit Plan, and its claims administrator, Cigna Health and Life Insurance Company, after defendants denied their claim for E.F.’s stay at a residential treatment center, concluding it was not medically necessary. Plaintiffs asserted two causes of action under ERISA: (1) a claim for payment of wrongfully denied benefits, and (2) a claim seeking equitable relief for violations of the Mental Health Parity and Addiction Equity Act. E.F. was admitted to the facility in question in January of 2020 following a near-fatal overdose. The family maintains that Cigna’s denial of their claim was an abuse of discretion. They further assert that the plan is being applied in a way which violates the Parity Act. Plaintiffs argue that Cigna requires a showing of acute symptomology for mental health and substance use care to be deemed medically necessary, which it does not do for other types of medical or surgical treatments. The parties filed competing motions for summary judgment. The court addressed the benefit claim first. Because the plan grants Cigna with discretionary authority, the parties agreed that the court must apply the arbitrary and capricious standard of review. The court scrutinized both Cigna’s initial denial letter and its handling of the family’s appeal, and concluded that both failed to adequately explain “the scientific or clinical judgment for the determination.” In particular, the court criticized Cigna’s failure to provide any explanation to the family based on E.F.’s personal medical circumstances, backed up with reasoning and citations to the medical record. It stated that Cigna did not provide any reasoned analysis explaining how its generalized assertions about its medical necessity criteria related to E.F.’s treatment or how those conclusory holdings supported the ultimate conclusion that the care was not medically necessary. Moreover, Cigna did not provide its internal case notes to the family when asked, and its decision upholding its initial benefits determination did not refer to or address the information and medical documents provided by the family on appeal in an attempt to perfect their claim. For these reasons, the court concluded that Cigna acted arbitrarily and capriciously. To remedy Cigna’s failures, the court determined that the proper course of action is to remand the case to Cigna for a renewed evaluation of the claim. The court held that remand was appropriate as there is evidence in the record which supports an award of benefits and evidence that points the other way, in support of denial. Finally, the court addressed the Parity Act claim. It determined that the family failed to produce any evidence about how Cigna evaluates claims for medical and surgical treatment in practice, nor any evidence, beyond their own experience, of how Cigna evaluates claims for mental healthcare at residential treatment centers in practice. Without such evidence, the court concluded that it was not in a position to find that Cigna’s actions violated Mental Health Parity requirements. As a result, it concluded that plaintiffs’ as-applied challenge necessarily fails. For this reason, the court granted defendants’ motion for summary judgment with respect to the Parity Act claim.

L.R. v. Blue Cross Blue Shield of Ill., No. 2:22-cv-119, __ F. Supp. 3d __, 2025 WL 2426693 (D. Utah Aug. 22, 2025) (Judge Howard C. Nielson, Jr.). Plaintiffs L.R. and M.R. sued their healthcare plan, Mayer Brown LLP Benefit Plan, and its claims administrator, Blue Cross Blue Shield of Illinois, under ERISA after the plan denied the family’s claims for M.R.’s mental health treatment at two residential facilities. Defendants denied claims at these facilities under a relevant coverage provision of the plan which limits coverage to residential treatment centers that provide 24-hour onsite nursing for patients. Neither facility at issue meets this requirement. In their ERISA action the family asserts two causes of action. First, they bring a claim seeking the benefits they contest were improperly denied. Second, plaintiffs assert a claim for violations of the Mental Health Parity and Addiction Equity Act. Each side offered expert opinions, filed a motion for summary judgment, and moved to exclude the expert opinions proffered by the opposing side. In this order the court entered summary judgment in favor of defendants and denied both parties’ expert exclusion motions as moot. Because the plan does not grant Blue Cross discretionary authority, the court applied de novo review to the claim denial. Ultimately, the court found that because the facilities that treated M.R. did not provide 24-hour onsite nursing to their patients as required under the unambiguous language of the plan, “it follows that the Plan did not cover the inpatient mental health treatment that M.R. received.” Moreover, the court declined to reach the issue of whether Blue Cross provided the family with a full and fair review, because even if it were to make such a finding, a remand would serve no purpose. The court took considerably more time addressing the Parity Act claim. Plaintiffs argued that the plan’s 24-hour nursing requirement violates the Parity Act for three reasons: (1) the plan expressly requires a 24-hour onsite nursing requirement for residential treatment centers, but does not do so for facilities that provide analogous medical or surgical treatment; (2) the requirement exceeds state and federal licensing requirements only for residential treatment centers; and (3) the requirement exceeds the generally accepted standards of care for residential treatment centers, but not for facilities that provide equivalent non-psychiatric related treatments. The court rejected each argument. First, the court noted that while the plan only expressly requires residential treatment centers to be staffed around the clock with an onsite nurse, it requires that skilled nursing facilities be duly licensed, and licensing requirements for skilled nursing facilities include this same provision. “It follows that the Plan’s terms, when interpreted in context, impose the same treatment limitation on care in a residential treatment center and analogous medical and surgical care. That limitation thus survives a facial challenge under the Parity Act.” Next, the court disagreed with plaintiffs that the plan’s imposition of extra licensure requirements on residential treatment centers forms the basis for an as-applied challenge. Under the relevant regulations implanting the Parity Act, the court found that “so long as the same requirement is imposed ‘consistently’ across the board, a plan does not violate the Parity Act even if the requirement exceeds the licensure requirements for ‘certain mental health providers’ and thus has ‘a disparate impact’ on them.” As for plaintiffs’ third argument, the court held that the fact the requirement exceeds generally accepted standards for mental health care is irrelevant under the Parity Act, and what matters is simply that the plan imposes the same requirements for mental health and medical/surgical care. Moreover, the court disagreed that the 24-hour onsite nursing requirement does exceed the generally accepted standards of care, noting that under the American Academy of Child and Adolescent Psychiatry’s Principles of Care for Treatment of Children and Adolescents with Mental Illnesses in Residential Treatment Centers, 24-hour onsite nursing is one way that a facility can satisfy staffing requirements. Thus, “24-hour onsite nursing may thus fall at the high end of the range of generally accepted practices – but it certainly does not exceed that range.” Finally, the court addressed what may be plaintiffs’ real issue with the plan’s 24-hour onsite nursing requirement, which is that it has a disparate impact on the availability of mental health care under the plan by functionally eliminating 80% of all facilities from coverage. The court, however, viewed it as unlikely that a disparate-impact theory such as this supported a Parity Act claim. But even assuming it could, the court held that it did not do so here because there are legitimate reasons to impose such a requirement that go beyond financial incentives to limit the availability of this costly type of mental healthcare. One such reason, for instance, may be in order to ensure adequate safety, quality control, and professionalism in these programs. As a result, the court could not “say that the balance struck by the Plan is arbitrary and wholly unjustified.” Based on these reasons, the court granted defendants’ motion for summary judgment, and denied plaintiffs’ cross-motion, on both causes of action.

Pension Benefit Claims

Federal Circuit

King v. United States, No. 2023-1956, __ F. 4th __, 2025 WL 2382871 (Fed. Cir. Aug. 18, 2025) (Before Circuit Judges Dyk, Chen, and Stark). The plaintiffs in this takings case are pensioners of the New York State Teamsters Conference Pension & Retirement Fund who had vested benefit rights and were receiving payments under the plan when it was amended in 2017 to reduce the benefits of retirees by 29% and the benefits of actively employed participants by 18% under the recently enacted Multiemployer Pension Reform Act (“MPRA”). The pensioners sued the United States government, maintaining that the MPRA effected an uncompensated taking in violation of the Fifth Amendment. The district court granted summary judgment in favor of the government, concluding that, contrary to plaintiffs’ arguments, the enactment of the MPRA and the resulting reduction in their pension benefits, did not constitute a taking under the Fifth Amendment. (Your ERISA Watch covered this decision in our May 3, 2023 edition.) The retirees appealed. Unfortunately for them, the Federal Circuit agreed with the district court and affirmed its holdings in this decision. The court of appeals began its analysis by considering whether plaintiffs have a cognizable Fifth Amendment property interest in their pension benefits. Rather than definitively resolve this issue, the court instead assumed, without deciding, that they did, although they do not hold a property interest in the assets of the plan itself. Next, the Federal Circuit weighed whether the identified property interest was “taken” within the meaning of the Fifth Amendment. The government may effectuate a taking by either acquiring a property interest for itself or for a third party, or by imposing regulations that restrict an owner’s ability to use his own property. The first is a physical taking while the second constitutes a regulatory taking. The court of appeals quite comfortably decided that plaintiffs could not demonstrate that they suffered a physical taking. Rather, the court held that this case involves allegations concerning the modification of contractual obligations owed by third parties, meaning that under the MPRA, the United States took nothing for its own use. “In effect, the MPRA broadened the definition of insolvency under ERISA, allowing the administrators of especially troubled plans to restructure a plan’s contractual obligations to some beneficiaries to stave off the further diminishment of the plan’s assets. Thus, the Claims Court did not err in declining to apply the physical takings analysis to plaintiffs’ claims.” However, this still left the issue of whether the government modified the contractual rights of the pensioners in such a way as to constitute a regulatory taking under the Fifth Amendment. So, the court turned to that analysis. It looked to three factors: “(1) ‘the economic impact of the regulation on the claimant’; (2) ‘the extent to which the regulation has interfered with distinct investment-backed expectations’; and (3) ‘the character of the governmental action.’ ” First, the court concluded that the 29% reduction of the pensioners’ vested benefits was not so severe as to support a conclusion that a regulatory taking has occurred. Next, the court turned to the degree of interference upon plaintiffs’ expectations. It concluded that because ERISA’s anti-cutback rule is itself a legislative creation, one that has always had exceptions to it, the expansion of these exceptions in order to guard against insolvency did not interfere unduly with plaintiffs’ expectations. Last, the court considered the character of the MPRA. It held that the MPRA “advanced a substantial public purpose: protecting failing multiemployer pension plans, like the Plan here, from insolvency defined as liabilities exceeding assets.” The financial harm that plaintiffs experienced, the court concluded, was minimal and narrowly tailored to ensure the solvency of their plan which was in critical and declining status. The Federal Circuit determined that the enactment of the MPRA plainly served a legitimate Congressional objective, one that was aligned with ERISA’s long-standing regulatory goals. Under the circumstances, the court was of the opinion that the relevant factors all favor the government and as a result there was no regulatory taking. Accordingly, despite the court’s sympathy with the retirees, it nevertheless determined that they did not suffer a taking in violation of their constitutional rights. For this reason, the appeals court affirmed the judgment of the lower court in favor of the federal government.

Pleading Issues & Procedure

Second Circuit

Rolleri & Sheppard CPAS, LLP v. Knight, No. 3:22-CV-1269 (OAW), 2025 WL 2403074 (D. Conn. Aug. 19, 2025) (Judge Omar A. Williams). John Rolleri, Ryan Sheppard, and Michael Knight are the eponymous partners of the accounting firm Knight Rolleri Sheppard CPAs, LLP, and were trustees and fiduciaries of the firm’s retirement plan. Mr. Rolleri and Mr. Sheppard allege that when Mr. Knight retired he wrongfully transferred $1.4 million over and above the maximum distribution from the plan allowable by law to personal accounts owned by him and his wife, Darlene Knight. In this ERISA action Mr. Rolleri and Mr. Sheppard have sued Mr. and Mrs. Knight in connection with these transfers from the plan into defendants’ personal accounts. The Knights have countersued, asserting seven state law counterclaims. Plaintiffs moved to dismiss the Knights’ counterclaims. Defendants, meanwhile, filed a motion for order and immediate hearing in connection with a letter plaintiffs’ counsel sent to their financial institution, Vanderbilt, requiring Vanderbilt to retain the alleged $1.4 million overpayment and freeze these funds. Mr. and Mrs. Knight argue that this letter amounted to a violation of the court’s denial of any prejudgment remedy and they asked the court to order plaintiffs to cease their campaign to restrict their usage of the funds. In this short decision the court granted the motion to dismiss, without prejudice, and denied defendants’ motion for order. With regard to the motion to dismiss, the court held that the Knights failed to show that their counterclaims arise from a common nucleus of operative facts such that it would be appropriate to exercise supplemental jurisdiction over them. “Plaintiffs’ claims deal with certain specific transfers of funds from the Plan into Defendants’ personal retirement accounts. The counterclaims have nothing to do with these transfers or the Plan. Rather, the counterclaims accuse Mr. Rolleri and Mr. Sheppard of some financial malfeasance after Mr. Knight already had retired (and for the most part, after the date Plaintiffs contend they expelled Mr. Knight from the partnership). But these appear to be two separate and distinct courses of allegedly unlawful conduct. The prosecution of one may be done completely divorced from the prosecution of the other, and each would involve a separate body of evidence and a separate set of laws. Thus, exercising jurisdiction over the counterclaims in this action would not yield the efficiencies that supplemental jurisdiction is supposed to afford the parties and the court.” Accordingly, the court granted the motion to dismiss all seven of the Knights’ counterclaims. As for the motion for order, the court determined that it does not have the authority to order any relief in connection with the letter to Vanderbilt. Nevertheless, the court instructed the parties to meet and confer to discuss negotiating a stipulation to safeguard the funds plaintiffs assert a right to, and only those funds, and to publish any agreed upon stipulation to Vanderbilt “with due haste.”

Provider Claims

Fifth Circuit

Columbia Hospital at Medical City of Dallas Subsidiary, L.P. v. California Physicians’ Service, No. 4:24-cv-924, 2025 WL 2412353 (E.D. Tex. Aug. 20, 2025) (Judge Amos L Mazzant). This dispute involving ERISA and contract law was brought by a group of hospitals in the state of Texas against insurers affiliated with Blue Cross and Blue Shield of Texas alleging they are in breach of contract and in violation of ERISA plan terms because they wrongfully rejected the hospitals’ submitted claims for medically necessary services provided to insured patients. Defendants moved to dismiss the complaint. In a brief order the court granted the motion to dismiss, without prejudice, as it agreed with defendants that the current complaint fails to establish the court has federal question jurisdiction over this matter. Defendants argued, and the court agreed, that in order to demonstrate standing to bring claims under ERISA, the providers must “put forth evidence of valid and enforceable assignments of benefits from the ERISA plan participants and/or beneficiaries,” rather than just allege the existence of such assignments. Because the hospitals have not currently done so, the court dismissed their action under Rule 12(b)(1). However, the court found that this flaw can potentially be addressed through amendment if plaintiffs simply present the assignments. Thus, while the court found that it currently lacks subject matter jurisdiction, it also held that the providers should be granted leave to amend to correct this deficiency.

Statute of Limitations

Eleventh Circuit

Ahanotu v. The Retirement Bd. of Bert Bell/Pete Rozelle NFL Player Retirement Plan, No. 24-11442, __ F. App’x __, 2025 WL 2427591 (11th Cir. Aug. 22, 2025) (Before Circuit Judges Jordan and Newsom, and District Judge Timothy J. Corrigan). In 2006, after playing for the National Football League for twelve seasons, plaintiff-appellant Chidi Ahanotu applied for two types of disability benefits under the Bert Bell/Pete Rozelle NFL Player Retirement Plan. The Plan awarded him only the less generous benefit, without mentioning the more generous total and permanent disability benefits, nor did it state that Mr. Ahanotu had 180 days to request the Board’s review of any adverse benefit determination. Mr. Ahanotu did not request any review of the benefit determination or otherwise follow up regarding the application until fifteen years later, in 2021, when he requested from the plan a copy of his 2006 application. It was then, he alleges, that he discovered that someone had tampered with his application by crossing out his request for the total and permanent disability benefits. He then submitted a new claim demanding that the plan make up for this malfeasance by retroactively paying him total and permanent disability benefits retroactively to when he first applied. The plan denied the request, responding that its 2006 decision was final and not subject to further review. This response prompted Mr. Ahanotu to sue under ERISA. The district court dismissed Mr. Ahanotu’s lawsuit because it concluded that he failed to exhaust his administrative remedies given the complaint’s admission that he did not appeal the 2006 decision. Mr. Ahanotu appealed. In this unpublished decision the Eleventh Circuit concluded that even assuming, without deciding, that Mr. Ahanotu exhausted his administrative remedies, the district court was correct to dismiss his complaint, “not only because his suit was barred by the Plan’s 42-month contractual limitations period but also because he failed to plead a plausible claim to relief.” The court of appeals discussed each of these grounds for dismissal in turn. First, it concluded that under its own precedent Mr. Ahanotu’s suit is untimely by a considerable margin. “For Ahanotu’s complaint to have been timely, the decision must not have become final until November 2019 – i.e., 42 months before he filed his complaint. Ahanotu’s position, therefore, must be that for 13 years he had no idea that the defendants denied his claim for [total and permanent disability] benefits. Under Witt, that’s too tall an order. At some point in those 13 years, the defendants’ refusal to pay him his requested benefits – even without a formal denial letter – constituted ‘a clear and continuing repudiation of [Ahanotu’s] rights.’ That’s especially true because, by then, Ahanotu had reapplied several times for [these] benefits. Because Ahanotu’s suit thus was untimely, the district court was right to dismiss it.” Nevertheless, putting aside the issue of untimeliness, the Eleventh Circuit also concluded that Federal Rule of Civil Procedure 8 would still compel dismissal. The court found that the complaint lacks any details to plausibly show that Mr. Ahanotu was entitled to the higher level disability benefits he seeks, and that it also fails to provide enough factual content to allow an inference that defendants are liable for the misconduct he alleges. Based on the foregoing, the court of appeals affirmed the district court’s dismissal of Mr. Ahanotu’s second amended complaint.

Schuyler v. Sun Life Assurance Co. of Canada, No. 23-498, __ F.4th __, 2025 WL 2349010 (2d Cir. Aug. 14, 2025) (Before Circuit Judges Livingston, Chin, and Robinson)

ERISA generally does not prohibit employees from waiving welfare benefits to which they might otherwise be entitled. However, the courts will often examine such waivers closely given ERISA’s stated purpose of protecting employees and their right to benefits. As a result, the issue of whether a waiver should be enforced is one that arises quite often, and can lead to diverging opinions, as evidenced by this week’s notable decision.

The plaintiff was Kristen Schuyler, who worked at Benco, a dental supply company. In 2015 she fell and suffered a traumatic brain injury. Schuyler was able to keep working at Benco for several years, but the symptoms from her injury grew worse over time, and as a result she was forced to take medical leave in May of 2019. She filed a claim shortly thereafter under Benco’s employee long-term disability (LTD) benefit plan, which was insured by defendant Sun Life Assurance Company of Canada. Sun Life denied Schuyler’s claim in October of 2019.

Meanwhile, Schuyler and Benco decided to part ways. Schuyler entered into a Separation Agreement and Release with Benco in December of 2019. The agreement stated that it was between Schuyler and Benco, as well as its “officers, directors, trustees, shareholders, partners, parents, subsidiaries, and any related or affiliated entities, employees, agents, attorneys, representatives, successors, assigns, and parties-in-interest[.]”

In the agreement Schuyler released and discharged “Benco and any and all of its parents, subsidiaries, related or affiliated entities…of and from any and all known and unknown actions…arising out of or in any way connected with Employee’s employment with Benco…including, but not limited to, any and all matters arising out or in any way connected with Employee’s employment with Benco…including, but not limited to, any alleged violation of [a series of statutes, including ERISA][.]”

In exchange, Benco made a severance payment of $25,000 to Schuyler.

Before entering into this agreement, Schuyler contacted Benco to clarify what it meant and how it would affect her claim for LTD benefits. In one communication Schuyler asked whether, if she appealed the LTD denial, she would be eligible for employment with Benco again. Benco’s attorney responded, “[T]he decision as to whether to appeal the Sun Life Denial is yours and yours alone. Sun Life is a separate and independent third-party entity in charge of LTD.”

In a second communication, Schuyler asked Benco to cooperate with any requests from Sun Life or the Social Security Administration regarding her claims for benefits, and to agree that the release “will not affect [her] ability to appeal the SunLife LTD claim nor file SSDI.”

Benco’s counsel responded that Benco would agree to cooperate and supply any requested information. Counsel added that Benco was “solely a conduit and/or provider of documentary information. Benco does not make any decisions relative to the SunLife Long Term Disability and/or SSDI which is a governmental determination…I am sure your lawyer told you this as part of his/her advice to you, but this agreement should have absolutely no effect on your ability to appeal your LTD or to file for SSDI.”

In January of 2020, Schuyler completed her LTD appeal with Sun Life. In August of 2020, Sun Life upheld its denial.

Schuyler sued. In an amended answer, Sun Life contended for the first time that Schuyler had waived any legal claims for LTD benefits pursuant to her agreement with Benco. The parties litigated the issue on cross-motions for summary judgment, after which the district court ruled in Sun Life’s favor, holding that Schuyler’s release in the severance agreement was knowing and voluntary. The court further ruled that the agreement, even though it was with Benco, applied to Sun Life as well, concluding that Sun Life was “an ‘affiliated’ or ‘related’ entity” or a “party-in-interest” under the contract. (Your ERISA Watch covered this decision in our March 15, 2023 edition.)

Schuyler appealed, represented by Kantor & Kantor. Schuyler asserted two arguments: (1) she did not knowingly and voluntarily release her claims against Sun Life; and (2) the agreement with Benco did not bar her claims against Sun Life.

The Second Circuit determined that it did not need to reach the second issue because it ruled in Schuyler’s favor on the first issue, holding that “the undisputed evidence establishes as a matter of law that Schuyler did not knowingly and voluntarily release her ERISA claims against Sun Life.”

The court began its discussion by noting that while employees can waive ERISA claims, “a waiver of an ERISA claim ‘is subject to closer scrutiny than a waiver of general contract claims’” because “individuals releasing ERISA claims ‘are relinquishing a right that ERISA indicates a strong congressional purpose of preserving.’” As a result, courts will only uphold a waiver under a “totality of the circumstances inquiry.” This inquiry involves consideration of a number of factors, many of which were outlined by the court previously in Laniok v. Advisory Comm. of Brainerd Mfg. Co. Pension Plan, 935 F.2d 1360 (2d Cir. 1991).

The Second Circuit’s inquiry compelled it to agree with Schuyler: “The undisputed evidence that the only counterparty to the Agreement expressly communicated to Schuyler that she would not be waiving her LTD claim by signing the Agreement, and that Schuyler understood that to be true, weighs heavily against the conclusion that Schuyler voluntarily waived her ERISA claims against Sun Life.”

The court emphasized that Benco’s counsel had informed Schuyler that Sun Life was “a separate and independent third-party entity in charge of LTD,” that “Benco does not make any decisions relative to SunLife Long Term Disability,” and “this agreement should have absolutely no effect on your ability to appeal your LTD[.]”

Sun Life contended that these communications were irrelevant because they only related to Schuyler’s ability to appeal Sun Life’s denial through the insurer’s internal review process, and made no representations regarding her right to file a subsequent lawsuit. However, the Second Circuit noted that the agreement included within the scope of its waiver all “claims…contracts, agreements [and] promises,” which meant that Sun Life could not meaningfully distinguish between internal appeals and lawsuits. “Either the Agreement released Schuyler’s LTD claim altogether, in which case Schuyler could neither appeal it administratively with Sun Life nor pursue it in court, or it didn’t, in which case she could do both.”

In short, “the undisputed evidence of Schuyler’s reasonable understanding when she executed the Agreement, formed in reliance on the undisputed clear assurances from the counterparty’s (Benco’s) legal counsel, demonstrates as a matter of law that, regardless of the proper legal interpretation of the Agreement, she did not knowingly waive her LTD claim against Sun Life when she signed the Agreement.”

The Second Circuit also addressed two other arguments made by Sun Life. First, Sun Life argued that Benco’s assurances were irrelevant because it could not override the clarity of the severance agreement. While the court acknowledged that such an argument “might be persuasive” if the issue was whether Schuyler “knowingly and voluntarily entered into the Agreement with Benco, or whether she knowingly and voluntarily waived her ERISA claims against Benco.” However, the question presented was “whether Schuyler knowingly and voluntarily waived her ERISA claim as to Sun Life.” The answer to this question was no “because Sun Life is neither a party to nor expressly mentioned anywhere in the Agreement.”

Sun Life argued that it was a released party because the agreement defined released parties as including Benco’s “related or affiliated entities” and “agents.” However, the Second Circuit was not convinced. Sun Life was “clearly distinct from and independent of Benco,” as reaffirmed by Benco’s counsel, and “there is arguably insufficient evidence that Benco exercises control over Sun Life’s administration of the LTD Plan to render Sun Life an ‘agent’ of Benco.”

The Second Circuit acknowledged that some district courts have held that employee benefit plans are “affiliates” and/or “related entities” under various release agreements. However, the court stressed that although such contractual interpretations “are thorny,” in this case “the question is not what the release in the Agreement means. The question is whether, notwithstanding Benco’s express assurance to Schuyler that the Release Provision did not extend to Sun Life, the Release Provision by its plain terms so clearly extends to Sun Life as to create a genuine dispute as to whether Schuyler knowingly and voluntarily relinquished her LTD claim against Sun Life. We conclude that it does not.”

The second argument by Sun Life related to the other Laniok factors. The court ruled that these factors do not “significantly move the needle in Sun Life’s direction.” The court admitted that Schuyler had significant education and business experience, had time to review the severance agreement, received legal advice, and participated in negotiating the agreement. However, none of these factors “would have undermined Schuyler’s confidence that she was not releasing her LTD claim against Sun Life.”

Furthermore, the court noted that one of the factors – the consideration paid by Benco for Schuyler’s release – weighed in her favor. After all, Schuyler’s potential LTD benefit payout was significant, and thus “it is unlikely that Schuyler would have knowingly relinquished her potential rights to these benefits for only $25,000.” Indeed, “[t]he fact that Benco, and only Benco, paid the agreed-upon severance payment to Schuyler reinforces the inference that Schuyler understood the Agreement to release only Schuyler’s claims against Benco and not any claims against Sun Life.”

As a result, the Second Circuit ruled that no reasonable jury “could conclude that Schuyler actually believed that she was waiving her claim for LTD benefits from Sun Life when she signed the agreement,” and thus she “didn’t knowingly and voluntarily waive her right to pursue her LTD against Sun Life.” The court therefore reversed the judgment below and remanded for further proceedings.

The panel was not unanimous, however. Chief Judge Debra Ann Livingston penned a dissent in which she criticized the majority for focusing on Schuyler’s “professed misunderstanding of an email exchange she had with Benco’s counsel prior to signing the Agreement” instead of on “the [Laniok] factors we ordinarily consider in cases like this[.]”

Judge Livingston concluded that the Laniok factors weighed against Schuyler because (a) Schuyler was “indisputably well-educated and has substantial practical business experience,” (b) she had 20 days to review the agreement, (c) Schuyler negotiated the terms of the agreement, (d) the release provision “is clear” because Sun Life was a “related or affiliated entity,” (e) she had an attorney review the agreement, and (f) the amount she received – $25,000 – was not insignificant because at the time she signed the agreement her LTD claim had been denied and thus there was no assurance that she would prevail.

Judge Livingston acknowledged Benco’s “assurances,” but emphasized that they were not repeated in the agreement. Furthermore, “There is a stark distinction between administratively appealing the denial of benefits with an insurance provider and filing a federal lawsuit under ERISA.” Thus, Judge Livingston concluded that Schuyler could waive one but not the other.

In short, Judge Livingston rejected “Schuyler’s self-serving and uncorroborated claim that she misunderstood” the scope of the agreement. “Every Laniok factor – as well as the totality of the circumstances, fairly considered – indicates Schuyler knew exactly the bargain she was making. I would therefore affirm the judgment in all respects.”

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

Attorneys’ Fees

Fourth Circuit

Kelly v. Altria Client Services, LLC, No. 3:23-cv-725-HEH, 2025 WL 2313210 (E.D. Va. Aug. 11, 2025) (Judge Henry E. Hudson). On March 26, 2025, the court granted summary judgment in favor of defendants Altria Client Service, LLC, the Altria deferred profit sharing plan for salaried employees, and Fidelity Workplace Services LLC in this individual ERISA suit brought by plaintiff Richard D. Kelly. (Your ERISA Watch covered that ruling in our April 2, 2025 edition.) The present motion before the court was one for attorneys’ fees filed by those same defendants. The Altria defendants requested an award of $124,045 while Fidelity separately requested an award of $98,090. In perhaps a first-of-its-kind post-Cunningham ruling (see Cunningham v. Cornell Univ., 145 S. Ct. 1020 (2025)), the district court awarded the defendants attorneys’ fees under Section 502(g)(1) specifically in order to “chill future plaintiffs from bringing (meritless) ERISA claims.” It is worth noting that the court had not found Mr. Kelly’s claims so meritless as to warrant dismissal at the pleadings. The court had instead allowed most of his causes of action to proceed, had allowed discovery into his allegations, and had ruled on summary judgment. Nevertheless, applying logic derived from the plaintiff-friendly Cunningham ruling (a decision clarifying the pleading requirements for prohibited transaction claims), the court concluded that a fee award was supported under the circumstances present in this lawsuit. The primary reason the court gave as its justification to award defendants attorneys’ fees was the fact that Mr. Kelly “neglected” to review and authenticate the transcripts of his phone calls with Fidelity. The court agreed with defendants that “a majority of this prolonged litigation could have been avoided” if Mr. Kelly had done so. Although the court recognized that Mr. Kelly did not have access to at least one of the call transcripts, it stated that this fact did not excuse his denial of the authenticity of the two transcripts he did have access to. Accordingly, the court said, “Plaintiff bears some culpability in unnecessarily protracting the length of litigation because he had access to the recordings of the November 2 calls prior to initiating the suit and he affirmed the transcripts’ accuracy in the earlier administrative appeal.” Other reasons the court chose to exercise its discretion to award defendants fees included the undisputed fact that Mr. Kelly could afford to pay a fee award and its opinion that cost shifting here will serve to deter similar illegitimate claims from being brought. Having decided to award attorneys’ fees, the court segued to assessing the amounts requested. It began with the Altria defendants. As an initial matter the court noted that Mr. Kelly’s action was only worth a few hundred thousand dollars in total and that the Altria defendants’ fee request alone amounts to nearly half of all of Mr. Kelly’s requested relief. Accordingly, the court sliced away at the fee amount. It took off $10,000 from the requested total that was tacked on for preparing the fee petition. It then deducted a further $29,455 for clerical work, work done on issues on which Altria was unsuccessful, and for time entries related to communication on motions to seal. In addition to these deductions, the court further reduced the requested amount by an additional 10% overall based on the Altria defendants’ degree of success. After applying these adjustments, the court awarded the Altria defendants a total of $76,131 in attorneys’ fees. The court then moved on to Fidelity’s fee request. Fidelity failed to provide an itemized list detailing the work done on the case. As a result, the court found that it could not award Fidelity attorneys’ fees in this order. However, the court gave Fidelity leave to renew its motion for attorneys’ fees “to file more particularized documentation,” presumably so that the court can award it fees too. Thus, Mr. Kelly will be on the hook for tens of thousands dollars – possibly over a hundred thousand – in attorneys’ fees to the parties he sued all because the court did not like his case and does not wish to see more like it.

Breach of Fiduciary Duty

First Circuit

Erban v. Tufts Med. Center Physicians Org., Inc., No. 22-cv-11193-PBS, __ F. Supp. 3d __, 2025 WL 2319055 (D. Mass. Aug. 12, 2025) (Judge Patti B. Saris). Plaintiff Lisa Erban is the widow of Dr. John Erban, an oncologist and hematologist who worked for over three decades with Tufts Medical Center. Dr. Erban’s career ended abruptly on August 14, 2019 after he went to the emergency room and was diagnosed with a malignant and highly aggressive brain tumor. He underwent surgery the next day and then took leave under the Family and Medical Leave Act. Dr. Erban’s illness prevented him from returning to his work. Because of this, Tufts terminated him on February 12, 2020. Sadly, Dr. Erban died from his illness on September 2, 2020, at the age of 65. This fiduciary breach lawsuit under ERISA stems from the denial of $801,000 worth of basic and supplemental life insurance benefits under Tufts’ policy with Hartford Life & Accident Insurance Company. Ms. Erban sued three defendants: her husband’s employer, Tufts Medical Center Physicians Organization, Inc., the named plan administrator, Tufts Medical Center Physicians Organization, and Tufts’ Director of Human Resources, Nicholas Martin, with whom the Erbans communicated about Dr. Erban’s benefits. Ms. Erban asserts two fiduciary breach claims under Section 502(a)(3). She advances two theories regarding defendants’ breach of fiduciary duty. First, she argues that they failed to inform her and her husband of the option to continue coverage under both the basic and supplemental life insurance policies by continuing premium payments to Hartford under the Continuation and Sickness or Injury provisions of the plan. Second, she alleges that defendants failed to adequately explain the conversion processes for converting the basic and supplemental life insurance policies to an individual policy under the conversion provision. Ms. Erban contends that she detrimentally relied on defendants’ omissions and material misrepresentations, entitling her to equitable estoppel. For relief, she seeks surcharge damages in the full amount of the policies, and relies on the Supreme Court’s decision in CIGNA Corp. v. Amara. The parties filed cross-motions for summary judgment, which the court ruled on in this decision. First, the court considered whether Ms. Erban showed that defendants acted as fiduciaries of the plan. It found she did. As an initial matter, it was undisputed that Tufts, as the named plan administrator, is a fiduciary of the plan. The court therefore focused on the contested question of whether Mr. Martin acted as a fiduciary. The court held that based on the record “no reasonable jury could find that Martin was acting in a purely ministerial capacity. Martin, as director of Tufts’ HR department, affirmatively assumed the role of guiding the Erbans through the benefits preservation process. He invited the Erbans to direct questions about Dr. Erban’s benefits to him and responded to detailed inquiries about the preservation of life insurance coverage. He provided forms, explained options, and made representations about what would happen when Dr. Erban’s employment ended.” This was particularly true as Mr. Martin was aware of Dr. Erban’s illness and his cognitive impairments. Given this knowledge and his role as the family’s point of contact for benefits communication and advice, the court concluded that Mr. Martin functioned as a fiduciary. Next, the court broke apart the two theories of fiduciary breach. It began with the continuation theory. Ms. Erban contended that defendants breached their fiduciary duties under ERISA by failing to inform her that she could continue her husband’s life insurance coverage after he stopped working due to illness because the plan allowed for continuation of coverage, even after termination under the Sickness or Injury provision, so long as premiums continued to be paid. The court agreed with Ms. Erban’s reading of the relevant provisions and determined that the plan unambiguously permits continuation of coverage for twelve months from the last day worked due to illness, regardless of whether an employee has been terminated. Moreover, the court agreed with Ms. Erban that because Mr. Martin never informed her and her husband “of the continuation option, including when Lisa Erban specifically asked Martin if she could ‘just private pay’ their current life insurance plan, Defendants breached their fiduciary duty to provide accurate and complete information.” Accordingly, the court entered judgment in favor of plaintiff on the continuation claim. The court then turned to the conversion claim as to the basic life insurance coverage. The record makes clear that Mr. Martin provided the family with written information conveying the conversion right, the conversion form, and the deadline to complete it. Because defendants provided the Erbans with accurate written materials informing them about conversion with regard to the basic life insurance policy, the court determined that defendants did not breach their duty in this regard. The court therefore entered summary judgment in favor of defendants with respect to the conversion claim for the basic life insurance. By contrast, the court entered judgment in favor of Ms. Erban as to the conversion claim for the supplemental life insurance policy as the undisputed facts demonstrate that defendants never clearly communicated to Ms. Erban either the existence of the supplemental life insurance or the need to convert that policy as well. Finally, the court pulled out its metaphorical machete to cut through the thorny issue of surcharge damages. The court wrote, “[t]he First Circuit has not addressed whether surcharge damages are available under § 502(a)(3), and other circuit courts are divided on the issue. The circuits that recognize surcharge as a form of relief under § 502(a)(3) rely on the Supreme Court’s decision in CIGNA Corp. v. Amara, 563 U.S. 421 (2011).” The court here also relied on Amara, which has never been overturned, to conclude that surcharge is an available form of equitable relief under (a)(3). Accordingly, the court held that Section 502(a)(3) permits ERISA plaintiffs to seek surcharge against a fiduciary and thus denied defendants’ motion for summary judgment on this point. For these reasons, Ms. Erban successfully convinced the court that defendants breached their fiduciary duties to her and her late husband regarding the continuation and supplemental life insurance conversion claims, and that surcharge damages in the full amount of the policies is available to her to remedy this harm. The court ended its decision by ordering the parties to brief the amount of damages to be awarded as equitable relief, so that the court may determine the appropriate amount.

Fourth Circuit

McDonald v. Laboratory Corp. of Am. Holdings, No. 1:22-CV-680, 2025 WL 2325016 (M.D.N.C. Aug. 12, 2025) (Judge Loretta C. Biggs). Plaintiff Damian McDonald sued defendant Laboratory Corporation of America Holdings (“LabCorp”) on behalf of himself and all others similarly situated alleging that LabCorp breached its fiduciary duty of prudence under ERISA by failing to control costs and selecting imprudent investments options in its retirement savings plan. The court held a bench trial on the matter over three days last May. This decision constitutes the court’s findings of fact and conclusions of law. The court ultimately concluded that the class failed to meet its burden to establish that LabCorp breached its duty of prudence. The court found “that LabCorp engaged in a prudent process in managing its recordkeeping fees and monitoring the Plan’s investment shares.” Accordingly, the court ruled in favor of LabCorp and against plaintiffs in this decision. Among other shortcomings, the court concluded that the trial testimony of plaintiff’s experts, Al Otto and Ty Minnich, were of “limited probative value” and “not persuasive to this Court.” In particular, the court viewed both experts as offering “sweeping statements about the price tendencies of recordkeeping fees,” and relying “on approximations, generalities, and personal examples rather than basing [their] conclusions on demonstrable data.” In contrast, the court found the testimony of defendant’s expert, Steven Gissiner, probative and persuasive, and more grounded in concrete formulations particular and specific to this case. The court then explained that in its view the record clearly demonstrated that LabCorp followed standard industry practices in overseeing the plan by taking actions like conducting benchmarking studies, hiring outside advisory firms, and meeting regularly to discuss recordkeeping and investment decisions. The court disagreed with plaintiffs that LabCorp fell short in its duties by failing to seek competitive bids for service providers. Instead, the court agreed with Mr. Gissiner that “there are other reasonable, appropriate methods to assess [fee] reasonableness” other than requests for proposals (“RFPs”). Mr. Gissiner testified that “the notion that you have to conduct an RFP to assess and determine whether fees are reasonable is…very much an outdated viewpoint of the market.” The court further highlighted the fact that LabCorp engaged in negotiations with its recordkeeper, Fidelity, twice during the class period following benchmarking studies. Thus, the court found that plaintiffs failed to prove that LabCorp breached its duty of prudence regarding the recordkeeping fee allegations. Moreover, the court determined that plaintiffs also could not establish damages and prove that the plan suffered losses due to the purported excessive recordkeeping fees. The bad news kept coming for plaintiffs when the court addressed their share class claims. There the court held that during the relevant period the committee adopted the lower-cost share classes. But the court stated that even assuming plaintiffs proved that LabCorp breached its duty of prudence, they again could not prove damages because their expert, Mr. Otto, based his damages calculation purely on his own experience. “The evidence presented by Plaintiffs’ – that the Plan lost millions because of alleged imprudent investment decisions – was not credible, and Plaintiffs failed to prove that the damage calculations are anything more than pure speculation.” Thus, the court ruled entirely in LabCorp’s favor and concluded that it acted prudently in its role as plan fiduciary.

Fifth Circuit

Cina v. Cemex, Inc., No. 4:23-cv-00117, 2025 WL 2294331 (S.D. Tex. Aug. 8, 2025) (Magistrate Judge Andrew M. Edison). Plaintiff James Cina is a participant in the Cemex, Inc. Savings Plan. Mr. Cina brings this putative class action against Cemex, Inc. on behalf of the more than 9,000 Cemex employees who participated in the plan at any time between January 3, 2017 and the present alleging that Cemex violated its fiduciary duties under ERISA by failing to monitor, negotiate, or reduce the amount of direct and indirect compensation paid to the plan’s recordkeeper, Fidelity Investments International. Cemex moved to dismiss the case. It argued that Mr. Cina based his claims on pure speculation and unsupported statements, and that he failed to offer meaningful benchmarks against which to compare the challenged costs. In this decision the court disagreed and denied the motion to dismiss. As an initial matter, the court noted that the Fifth Circuit is not among the circuit courts that have adopted a “meaningful benchmark” pleading standard in ERISA fiduciary breach cases. Nevertheless, even assuming that a plaintiff must meet this standard to state a plausible fiduciary breach claim, the court concluded that Mr. Cina had done so here by comparing the fees the Cemex Savings Plan paid to two other plans which had selected the same services, were similar in terms of asset size and their number of participants, and had also employed Fidelity as their recordkeeper. The court found that these two plans offered like-for-like comparisons to the Cemex plan and provided strong support for the allegations that Cemex failed in its fiduciary obligations. Accordingly, the court concluded that the allegations here were “more robust than in other cases where district courts granted motions to dismiss breach of fiduciary duty claims for failure to provide meaningful benchmarks.” Moreover, the court disagreed with Cemex that Mr. Cina’s failure to allege a specific amount of indirect fees Fidelity received through float compensation and revenue sharing amounted to a fatal flaw mandating dismissal. To the contrary, it held that because Mr. Cina does not have access to these figures, he does not need to plead details about them, particularly as his complaint when read as a whole tells a plausible and compelling story from which fiduciary misconduct can be inferred. In sum, the court found that Mr. Cina “painted a picture that supports a plausible inference that Cemex imprudently allowed the Plan to pay an unreasonable amount in recordkeeping fees to Fidelity.” As a result, the court determined that Mr. Cima stated plausible claims and so denied Cemex’s motion to dismiss.

Seventh Circuit

Case v. Generac Power Sys., Inc., No. 21-cv-1100-pp, 2025 WL 2336859 (E.D. Wis. Aug. 13, 2025) (Judge Pamela Pepper). Plaintiff Dereck Case sued Great Power Systems, Inc. and the benefit committee of its 401(k) plan on behalf of himself and a class of similarly situated individuals alleging that defendants breached their fiduciary duties of prudence and monitoring under ERISA by failing to control plan costs. Defendants moved to dismiss the complaint for failure to state a claim. They advanced four arguments in favor of dismissal: “(1) the comparator plans identified in the complaint are not sufficiently comparable in size and assets to the defendants’ plan to create a meaningful benchmark of reasonable fees; (2) the plaintiff uses the plan’s average fees over eight years as a benchmark, without acknowledging that the plan’s fees decreased significantly during that period; (3) the complaint compares only a subset of fees charged by the comparator plans to the total fees charged by the defendants’ plan; and (4) the defendant did not err by failing to conduct competitive bidding for RKA services because there is no requirement to do so under ERISA.” The court was persuaded by defendants’ arguments and granted their motion, dismissing the case with prejudice. In particular, the court agreed with defendants that it is not possible to infer they paid excessive recordkeeping fees based on plaintiff’s allegations because his complaint compared defendants’ average fees over the class period to annual fees correlating with specific years for each of the comparator plans. The court therefore felt that these comparisons did not create a meaningful benchmark, and without a meaningful benchmark Mr. Case’s allegations of fiduciary misconduct were not plausible. The court then explained that it would dismiss the case with prejudice because the operative complaint was Mr. Case’s fourth version, meaning he had already had several opportunities to fine-tune his pleadings.

Class Actions

Eighth Circuit

Kloss v. Argent Trust Co., No. 23-301 (DWF/SGE), 2025 WL 2374070 (D. Minn. Aug. 15, 2025) (Judge Donovan W. Frank). Plaintiff Jessica Kloss, as a representative of a class of similarly situated individuals, and on behalf of the TPI Hospitality, Inc. Employee Stock Ownership Plan, moved for preliminary approval of class action settlement under Rule 23. The court granted Ms. Kloss’s motion without any unnecessary hassle or embellishment. The decision was so bare that even the terms of the agreed-upon settlement were not discussed. Instead, the court stated simply that for preliminary purposes it found the settlement to fall within the range of reasonableness and to be “fair, reasonable, and adequate, subject to further consideration at the Fairness Hearing.” The court then quickly gave preliminary certification to the proposed settlement class of participants and beneficiaries of the plan during the relevant period, and for settlement purposes appointed Ms. Kloss as class representative, and the law firms Feinberg Jackson Worthman & Wasow LLP and Nichols Kaster, PLLP as class counsel. The appointment of Simpluris as settlement administrator was also approved by the court. The court set the fairness hearing for November 21, 2025, and instructed class members that any objections must be filed 21 days before that date. It then approved the form and substance of the proposed class notice and noted that defendants sent the required Class Action Fairness Act notice. Finally, class counsel was advised that their application for attorneys’ fees, expenses, and class representative service award should be filed no later than 45 days prior to the date of the fairness hearing. Thus, with no fuss and no muss, the court granted plaintiffs’ motion and preliminarily blessed the settlement.

Disability Benefit Claims

Fifth Circuit

Bellace v. Hartford Life & Accident Co., No. 3:24-CV-00136-K, 2025 WL 2345157 (N.D. Tex. Aug. 13, 2025) (Judge Ed Kinkeade). Plaintiff Kimberly Bellace is a 34-year-old former mechanical engineer who was approved for long-term disability benefits by the insurer of her employer’s disability benefit plan, Hartford Life and Accident Insurance Company, after she underwent spinal surgery in July of 2016. This action stems from Hartford’s termination of Ms. Bellace’s disability benefits in May of 2020, when Hartford concluded that despite her pains Ms. Bellace could nonetheless work six-hour days in a sedentary role with modest limitations, and therefore could earn 60% of her pre-disability earnings, such that she no longer qualified for benefits under the policy. Ms. Bellace challenges that decision in this lawsuit. Before the court were the parties’ cross-motions for judgment on the administrative record under Rule 52. The court concluded in this decision, applying de novo review of the administrative record, that Ms. Bellace could not establish by a preponderance of the evidence that her spinal conditions prevented her from working in any reasonable occupation for which she was fitted due to illness or injury as required by the policy. The court took particular note of the fact that two independent physicians assessed that despite Ms. Bellace’s pain she could perform sedentary work with some modest accommodations. Conversely, the court viewed the contradictory opinion of Ms. Bellace’s orthopedic surgeon skeptically, writing that his “assertions about Ms. Bellace’s pain-related limitations [are] conclusory rather than well-supported.” The court thus afforded the surgeon’s assessment of Ms. Bellace’s condition little weight. Moreover, the court highlighted the fact that Ms. Bellace’s pain management specialist did not opine that Ms. Bellace was unable to work. The court therefore found that as of the date of the termination Ms. Bellace could find work in an occupation she is reasonably qualified to perform with her education and background and that she could perform regular, albeit part-time work, despite her medical conditions. Therefore, the court agreed with Hartford that as of May 2020, Ms. Bellace was ineligible for continued coverage under the policy. Accordingly, the court entered judgment in favor of Hartford.

Sixth Circuit

Engweiler v. Howmet Aerospace Inc., No. 1:24-cv-975, 2025 WL 2318464 (W.D. Mich. Aug. 12, 2025) (Judge Hala Y. Jarbou). Plaintiff Adam Engweiler filed this action against Howmet Aerospace, Inc. under ERISA Section 502(a)(1)(B) in response to the termination of his long-term disability benefits in December 2023 under the “any gainful occupation” definition of disability for beneficiaries out of work for longer than twenty-four months. Before his back pain worsened to the point that he felt he could no longer work a full-time job, Mr. Engweiler was employed as an engineer at Howmet. But in 2021 he stopped working after his spinal problems intensified and a surgical intervention failed to alleviate his symptoms. Interestingly, just months before Mr. Engweiler’s disability benefits were terminated, the Social Security Administration deemed him disabled from all occupations for which he was qualified, including sedentary ones. Perhaps recognizing the sensitivity of this timing, the administrator of Howmet’s disability plan, Hartford Life and Accident Insurance Company, acknowledged in the denial letter sent to Mr. Engweiler that he was recently awarded Social Security disability benefits, but noted that the Social Security Administration has different criteria from its own and is required to give full deference to his treating physicians. By contrast, Hartford relied on the opinions of the doctor who performed an independent examination on Mr. Engweiler as well as the opinions of its own file-reviewing doctor, which were premised in part on that examination. Relying on these opinions over the opinions of Mr. Engweiler’s doctors, Hartford concluded that Mr. Engweiler could perform certain sedentary occupations for which he was reasonably suited. Mr. Engweiler challenged that decision in this action and moved for judgment on the administrative record. In this order the court found that Hartford did not act arbitrarily or capriciously in terminating Mr. Engweiler’s benefits. It therefore denied his motion for judgment and dismissed the case. The court held that Hartford had considered all of the medical evidence before it and reached a conclusion supported by that evidence. It said that “[n]either during the administrative process nor in his briefing in this Court does Engweiler point to any evidence of his disability that Hartford completely ignored.” Rather, the court found that Hartford could point to substantial evidence in the medical record in support of its decision, and therefore concluded that it was reasonable for Hartford to regard the opinions of Mr. Engweiler’s treating providers as less convincing than the opinions of its own reviewing doctors. Furthermore, the court determined that Hartford had offered clear explanations as to why “it found its contract physicians’ assessments of the functional limitations imposed by Engweiler’s back pain more credible than those of his medical providers.” Finally, the court held that Hartford’s termination of Mr. Engweiler’s benefits so shortly after the Social Security Administration ruled in his favor was not capricious because Hartford devoted considerable time in its denial letter explaining why it did not regard the SSA’s conclusions as decisive. For these reasons, the court found that Hartford’s decision was reasonable, supported by substantial evidence, and not marred by any indicia of arbitrariness. The court therefore denied Mr. Engweiler’s motion for judgment on the administrative record and ordered that the action be dismissed.

McIntyre v. First Unum Life Ins. Co., No. 1:22-CV-265-KAC-CHS, 2025 WL 2375389 (E.D. Tenn. Aug. 15, 2025) (Judge Katherine A Crytzer). Before the court was plaintiff Brooke McIntyre’s objections to Magistrate Judge Christopher H. Steger’s report and recommendation recommending the court grant judgment on the administrative record in favor of defendants First Unum Life Insurance Company and Unum Group Corp. in this ERISA action challenging Unum’s denial of Ms. McIntyre’s claims for long-term disability and life insurance without premiums benefits. Ms. McIntyre applied for these benefits after she began experiencing post-concussion symptoms related to a 2020 car accident. The Magistrate Judge concluded that defendants considered the totality of the medical evidence and correctly concluded that it did not support a finding of disability under the policies because there was evidence of improvement in the medical records which demonstrated that Ms. McIntyre was not continuously disabled throughout the 180-day elimination period. The court overruled Ms. McIntyre’s objections to the report, adopted it in full, and granted judgment in favor of the Unum defendants in this decision. Contrary to Ms. McIntyre’s assertions, the court found that the report correctly concluded that defendants fulfilled their fiduciary obligations to provide a full and fair review of Ms. McIntyre’s claim and that Ms. McIntyre could not show that she was continuously disabled throughout the elimination period based on the objective medical evidence presented. The court therefore overruled her objections and, as the Magistrate Judge recommended, affirmed Unum’s denial of benefits.

Ninth Circuit

Black v. Unum Life Ins. Co. of Am., No. 22-cv-04378-AMO, 2025 WL 2337091 (N.D. Cal. Aug. 13, 2025) (Judge Araceli Martínez-Olguín). On January 29, 2020, plaintiff Leslie Black fell, injured her neck, shoulder, and collarbone, and hit her head. She then initiated a claim for short-term disability benefits with Unum Life Insurance Company of America, which Unum approved. When the short-term disability benefits were ending, Unum commenced an investigation into Ms. Black’s long-term disability eligibility. Because Ms. Black’s claimed disability arose within the first year of her coverage under the policy, Unum evaluated whether the claimed disabling conditions were excluded, either in whole or in part, under the policy’s pre-existing conditions limitation. It found they were and denied Ms. Black’s claim for benefits. After exhausting her administrative remedies, Ms. Black sued Unum under ERISA to challenge its adverse determination. The parties each moved for judgment in their favor under Federal Rule of Civil Procedure 52. The court issued judgment in favor of Unum in this decision. It concluded that Ms. Black’s disabling conditions were diagnosed and treated during the look-back period and that she took prescribed medicines for these issues. During the relevant period, the court noted that Ms. Black was diagnosed with cervical radiculopathy, left shoulder adhesive capsulitis, Ehlers-Danlos Syndrome, scoliosis, and chronic pain, stiffness, and weakness of the shoulder and neck. The court further found that the disability for which Ms. Black seeks benefits was “‘caused by, contributed to by, or result[ed] from’ these pre-existing conditions. The effect of these conditions on Blac’’s neck and shoulder cannot be dismissed ‘as merely related to the injury’ she suffered as a result of the fall in January 2020. Rather, they are a ‘substantial catalyst’ for the exacerbation and recurrence of conditions she has suffered from during the relevant look back periods and even decades prior. These conditions therefore substantially contributed to the neck and shoulder issues that ground Black’s LTD claim.” Accordingly, the court determined that “the record establishes, more likely than not, that those conditions would have persisted even if she had not suffered a fall in January 2020” and as a result Unum appropriately declined to award long-term disability benefits under the plan based on the policy’s pre-existing conditions limitation. For these reasons, the court granted Unum’s motion for judgment and denied Ms. Black’s motion for judgment.

Eleventh Circuit

Walker v. Life Ins. Co. of N. Am., No. 24-13066, __ F. App’x __, 2025 WL 2327989 (11th Cir. Aug. 13, 2025) (Before Circuit Judges Lagoa, Abudu, and Anderson). Plaintiff-appellant Alana Walker filed an appeal with the Eleventh Circuit Court of Appeals after the district court concluded that defendant Life Insurance Company of North America’s (“LINA”) decision to terminate her long-term disability benefits was not de novo wrong and granted judgment on the administrative record in its favor. “On appeal, Walker argues that the district court erred because she had presented objective evidence of her disability and the district court discounted that evidence, that the opinions of the consulting doctors were insufficient to undermine the evidence she presented of her disability, that there are no jobs in the national economy that she could perform that would meet the salary requirements set in the policy, and that the award of Social Security benefits was persuasive evidence of disability.” The court of appeals rejected each of these arguments in turn in this unpublished per curiam decision. First, the court of appeals stated that the district court did not commit clear error when it found LINA’s assessment of Ms. Walker’s disability more persuasive than Ms. Walker’s doctors and the results of her functional capacity exam. The Eleventh Circuit noted that the three physicians hired by LINA examined all of Ms. Walker’s medical records thoroughly, explained the reasons they drew the conclusions they did, and relied on the results of the independent medical exam LINA conducted which conflicted with the results of the functional capacity exam. And while all of LINA’s consulting doctors recognized that Ms. Walker’s physical conditions subject her to some restrictions, the court of appeals determined that the district court acted appropriately in finding that these restrictions would not preclude Ms. Walker from performing the sedentary job of a financial manager, a job LINA’s vocational expert identified as one that Ms. Walker could perform. Speaking of that position, the appeals court further determined that the lower court had not erred when it found that Ms. Walker was qualified for this job and that it met the requirements set out in the policy. Finally, the Eleventh Circuit held that the district court provided sound and cogent reasons for discounting the persuasiveness of the Social Security Administration’s decision. On these grounds the court of appeals affirmed the district court’s decision.

ERISA Preemption

Seventh Circuit

Northwestern Memorial Healthcare v. Anthem Blue Cross of Cal., No. 1:24-CV-02941, 2025 WL 2306814 (N.D. Ill. Aug. 11, 2025) (Judge Edmond E. Chang). When plaintiff Northwestern Memorial Healthcare received payments that were roughly half the amount it billed to Anthem Blue Cross of California for medical treatment it provided to nine Blue Cross-insured patients, Northwestern Memorial sued Anthem. In its lawsuit the provider claims that Anthem breached their implied contract and unjustly benefitted from the care Northwestern provided to these patients. Anthem moved to dismiss the action for failure to state a claim for relief. The court granted in part and denied in part the motion to dismiss. Before assessing the implied contract and quantum meruit claims, the court addressed the threshold issue of ERISA preemption. It concluded that Northwestern’s state law claims do not require the court to interpret the terms of the health insurance plans. The court reasoned that before Northwestern Memorial “treated the nine Anthem patients, Northwestern sought pre-authorization from Anthem for all of the planned care. And Anthem provided that authorization, thereby confirming that all of the expected treatment was medically necessary and covered by the patients’ Anthem health insurance plans. That means that there is no remaining question about whether the provided treatment was within the scope of the patients’ insurance plans. That question has already been answered by the parties’ conduct – at least as alleged by Northwestern and as the premise of its specific claims. Thus, there is no need for the Court to independently dig into the Anthem plans’ terms to make a determination about treatment coverage. So deciding Northwestern’s state-law claims would not require interpretation or application of the terms of the ERISA plans.” Based on this rationale that preauthorization resolved the medical necessity question and removed the need to examine plan terms, the court concluded that the two state law claims do not relate to ERISA and are therefore not preempted by the federal statute. However, Northwestern was not entirely out of the woods after the court came to this conclusion. The court still needed to assess the two state law claims. Ultimately, it concluded that Northwestern’s breach of implied contract claim could not survive because Northwestern Memorial already had a pre-existing contractual duty to treat Anthem’s patients. That being said, the court denied Anthem’s motion to dismiss the quantum meruit claim. Regarding that claim, the court found that there was no written contract directly between the parties and that the complaint plausibly lays out the ways that Northwestern conferred several benefits upon Anthem. As a result, the court ordered discovery to commence as to the quantum meruit claim. 

Ninth Circuit

Beach Dist. Surgery Center v. Computacenter U.S. Inc., No. CV 25-5221-E, 2025 WL 2294329 (C.D. Cal. Aug. 8, 2025) (Magistrate Judge Charles F. Eick). Plaintiff Beach District Surgery Center is a medical provider in Los Angeles, California. On May 7, 2025, the surgery center filed a complaint in California state court against the plan administrator of an ERISA-governed health plan, defendant Computacenter U.S. Inc., alleging claims of negligent misrepresentation and promissory estoppel after the plan made a payment of just $2,260.48 on a bill for $61,760.00, which it alleges was not in keeping with telephonic promises made regarding the rate of payment for the medical services it rendered. Defendant removed the action, asserting that ERISA completely preempts the state law causes of action. Beach District Surgery Center disagreed and filed a motion to remand its action back to state court. The court granted the motion to remand in this decision. It concluded that plaintiff’s action was on all fours with the Ninth Circuit’s decision in Marin General Hosp. v. Modesto & Empire Traction Co., 581 F.3d 941 (9th Cir. 2009). “The present case is legally indistinguishable from the Ninth Circuit’s decision in Marin. There, as here, the plaintiff pled only state law claims arising from the defendant’s alleged telephonic promise regarding the rate to be paid for medical services rendered by the plaintiff to a patient covered by an ERISA plan. In ruling that complete preemption did not apply, the Marin Court reasoned that, under the first prong of the Davila test, that plaintiff’s state law claims could not have been brought under ERISA because such claims arose ‘out of the telephone conversation’ and were based on an ‘alleged oral contract’ between the plaintiff and the defendant. The Marin Court also reasoned that, under the second prong of the Davila test, the plaintiff’s claims were based on an ‘independent’ legal duty under state law arising out of the same telephone conversation.” The court therefore concluded that the reasoning in Marin applied neatly here and required the same finding. Accordingly, the court agreed with plaintiff that its action must be remanded to state court.

Pension Benefit Claims

Ninth Circuit

Nilsen v. Teachers Ins. and Annuity Association of Am., No. 24-cv-08306-BLF, 2025 WL 2337123 (N.D. Cal. Aug. 13, 2025) (Judge Beth Labson Freeman). Plaintiff Karina Nilsen sued Teachers Insurance and Annuity Association of America (“TIAA”), College Retirement Equities Fund (“CREF”), and TIAA-CREF Individual and Institutional Services, Inc. (collectively, “TIAA-CREF”), along with her late husband Robert Moffat’s ex-wife Ruth Taka, seeking to recover past and future benefits under two annuity contracts obtained by Mr. Moffat pursuant to an ERISA pension plan maintained by his former employer, Stanford University. The benefits that Ms. Nilsen believes she is entitled to are being paid to Ms. Taka, who was married to Mr. Moffat at the time of his retirement from Stanford in 1993, and is the named beneficiary of the joint and survivor benefits. Ms. Nilsen maintains that her husband received a Qualified Domestic Relations Order (“QDRO”) in 2010 wherein the state court designated her as the alternate payee of the annuities at issue. Ms. Nilsen argues that Ms. Taka waived all rights to the annuity contracts when she and Mr. Moffat divorced. In her complaint, Ms. Nilsen asserts three causes of action: a claim for benefits and clarification of rights, a claim for breach of fiduciary duty, and a claim for declaratory relief. The TIAA-CREF defendants moved to dismiss all three claims. First, TIAA-CREF argued that Ms. Nilsen’s claim for benefits and clarification of rights under Section 502(a)(1)(B) is foreclosed by the Ninth Circuit’s decision in Carmona v. Carmona, 603 F.3d 1041 (9th Cir. 2010). In Carmona the Ninth Circuit held that “the surviving spouse benefits irrevocably vest in the current spouse when the plan participant retires.” The court agreed with defendants that it is clear on the face of the complaint that Mr. Moffat and Ms. Taka were married on the annuity start date, making her the surviving spouse entitled to the qualified joint and survivor annuity benefits at issue. Moreover, the complaint does not allege that Ms. Taka waived her entitlement to the joint and survivor annuity benefits in writing before the annuity start date. As for the QDRO issued after Mr. Moffat’s retirement, the court again agreed with TIAA-CREF that under Carmona “a QDRO issued after the participant’s retirement may not alter or assign the surviving spouse’s interest to a subsequent spouse.” Accordingly, the court granted the motion to dismiss the first cause of action. The court also dismissed the breach of fiduciary duty claim under ERISA, reasoning that because Ms. Nilsen is not the payee of the annuities, she “is a stranger to the annuity contracts and thus is not owed any fiduciary duties by TIAA-CREF.” Finally, the court dismissed the derivative claim seeking declaratory relief. For these reasons, the court granted the motion to dismiss. It ended its decision by clarifying that the dismissal was without leave to amend, as the Ninth Circuit’s holding in Carmona makes it impossible for Ms. Nilsen to amend her pleading to allege a viable ERISA claim grounded in TIAA-CREF’s failure to pay her the annuity benefits.

Pleading Issues & Procedure

Second Circuit

East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Ins. Co., Nos. 25 Civ. 1686 and 25 Civ. 255 (PAE), 2025 WL 2371537 (S.D.N.Y. Aug. 14, 2025) (Judge Paul A. Engelmayer). This decision ruled on parallel motions to dismiss in two related healthcare cases. The first action was filed by Cigna Health and Life Insurance Company against East Coast Advanced Plastic Surgery, LLC, a New-Jersey based medical practice that specializes in post-mastectomy breast reconstruction surgery. In its lawsuit Cigna alleges that the provider has engaged in fraudulent billing practices which include fee forgiveness, fraudulent claim bundling, duplicative billing for claims, and billing for services that are medically unnecessary. Cigna maintains that its internal investigation of East Coast Advanced Plastic Surgery’s billing practices has revealed the provider’s allegedly unlawful actions have caused at least $8,564,795.58 in losses to Cigna and the Cigna Plans between January 1, 2025 to the present. Cigna brings claims under both ERISA and state law. The second action was filed by East Coast Advanced Plastic Surgery along with Marcella Livolsi, a participant in a Cigna-administered ERISA healthcare plan who received breast reconstruction surgery at East Coast Advanced Plastic Surgery’s facility. These parties sued both Cigna and the health insurance intermediary Multiplan, Inc. asserting claims under ERISA, the federal No Surprises Act, and under state law. As noted, the parties each moved for dismissal of the other’s lawsuit. The court granted in part and denied in part the provider’s motion to dismiss Cigna’s complaint and granted in full Cigna and Multiplan’s motions to dismiss East Coast Advanced Plastic Surgery and Ms. Livolsi’s action. The court tackled the motion to dismiss the Cigna case first. As an initial matter, the court found that Cigna has standing to bring its ERISA claim for equitable relief as well as its state law causes of action because it alleges not only that the ERISA plans were harmed, but that it was harmed directly by the provider’s allegedly fraudulent billing practices. The court then discussed whether to dismiss any of the causes of action for failure to state a claim. It declined to dismiss the claim under ERISA. The court determined that Cigna plausibly pleads it is an ERISA fiduciary for each of the plans at issue and that the provider’s alleged fee forgiving practices are in violation of the terms of the plans. Moreover, the court determined that Cigna is seeking appropriate equitable relief under Section 502(a)(3) and that its complaint properly pleads each element required to pursue this relief. In addition to denying the motion to dismiss the ERISA claim, the court also denied the motion to dismiss the fraud, negligent misrepresentation, and unjust enrichment claims. The court concluded that the complaint meets Rule 9(b)’s heightened pleading standard for fraud claims, and that the unjust enrichment claim can go ahead for now as an alternative theory. However, the court granted the provider’s motion to dismiss Cigna’s conversion, Connecticut General Theft Act, and Connecticut Unfair Trade Practices Act claims, as well as a claim under the Declaratory Judgment Act. The court then turned to Cigna and Multiplan’s motions to dismiss Ms. Livolsi and East Coast Advanced Plastic Surgery’s complaint. To begin, the court agreed with Cigna that although Ms. Livolsi framed her ERISA claim as a breach of fiduciary duty claim, the relief she seeks, namely restitution, is not truly equitable in nature. “Thus, despite Livolsi’s efforts to ‘couch the nature of her claim in equitable terms to allow relief under§ 502(a)(3),’ the ‘gravamen of this action remains a claim for monetary compensation and that, above all else, dictates the relief available.’” Having determined that the relief Ms. Livolsi sought was unavailable under Section 502(a)(3), the court dismissed the claim. It then dismissed East Coast Advanced Plastic Surgery’s claims under the No Surprises Act. Quite simply, the court held that the No Surprises Act contains no private right of action, either express or implied, to enforce independent dispute resolution awards. Further, the court stated that the provider’s request for a declaration that Cigna violated the No Surprises Act was also not viable because the Declaratory Judgment Act does not provide an independent cause of action. Finally, the court declined to exercise supplemental jurisdiction over plaintiffs’ state law causes of action. For these reasons, the court granted in part and denied in part the motion to dismiss the Cigna action and granted in whole the motion to dismiss the provider’s lawsuit. Every claim that was dismissed was dismissed without prejudice.

Third Circuit

Genesis Lab. Management LLC v. United Healthcare Services, Inc., No. 21cv12 057 (EP) (JSA), 2025 WL 2308528 (D.N.J. Aug. 11, 2025) (Judge Evelyn Padin). Plaintiff Genesis Laboratory Management LLC filed this action against defendants United HealthCare Services, Inc. and Oxford Health Plans, Inc. for alleged failure to fully reimburse it for COVID-19 testing and other medical services it provided to defendants’ insureds, plan members, and beneficiaries. Genesis’s complaint alleged claims under ERISA and state law, including contract claims, tort claims, and claims alleging violations of New Jersey’s insurance regulating statutes. Defendants moved to dismiss. The court granted their motion in part and denied it in part, dismissing all state law claims and allowing the ERISA claims to proceed only as to plans from United members whose assignments of benefits were effective at the time the lawsuit commenced. Genesis moved for reconsideration. In this brief decision the court denied its motion, concluding that it failed to set forth a valid basis for reconsideration. First, the court declined to reverse its finding that assignments of benefits executed after the commencement of litigation cannot retroactively confer standing under ERISA. The court stated that Genesis offered no controlling decision of law that it had overlooked nor any intervening change in controlling law in support of its arguments, and instead was using its motion for reconsideration as a vehicle to recapitulate arguments the court already considered and rejected before rendering its decision. Next, the court refused to disturb its previous findings as to the state law causes of action. Again, the court was of the opinion that Genesis failed to “show more than a disagreement with the Court’s decision.” Finally, the court exercised its discretion to decline to enter partial final judgment as to the dismissed claims. Accordingly, the court denied Genesis’s motion and the status quo in the case remained unchanged.

In re: JC USA. v. H.I.G. Capital Management LLC, No. 23-10585 (JKS), 2025 WL 2354184 (D. Del. Aug. 13, 2025) (Judge J. Kate Stickles). Plaintiffs in this action are former employees of the weight loss company Jenny Craig. In May of 2023, Jenny Craig closed all of its locations and subsequently filed for Chapter 7 bankruptcy. Its workers were not warned about the mass layoff beforehand. The workers allege that in addition to having no advance warning of their layoffs, they were not paid outstanding wages and benefits for their last pay period and their employer did not reserve enough cash to pay these outstanding amounts. Additionally, plaintiffs contend that Jenny Craig’s private equity owner, H.I.G. Capital Management, LLC, failed to provide them with COBRA notices and breached their contract as to their medical insurance benefits. These employment problems, and more, led the frustrated former employees to sue H.I.G. Capital Management. Defendant responded to the lawsuit by moving to dismiss. In this order the court granted the motion to dismiss, but allowed leave for plaintiffs to amend their complaint. One overarching problem the court identified was the complaint’s failure to adequately plead that H.I.G. Capital Management was their employer. As the court noted, all of plaintiffs’ causes of action are premised on an employer-employee relationship. However, the court noted that plaintiffs may be able to overcome this deficiency by amending their complaint. The court then pulled apart further problems with each of plaintiffs’ causes of action. First, the court found that the complaint does not plausibly allege a claim under the WARN Act as it fails to allege that H.I.G. ordered any layoff or termination. The court next dismissed the labor violation and wage claims for failure to plead sufficient factual support. Turning to the COBRA notice claim, the court found that plaintiffs failed to allege that H.I.G. was the plan administrator. Finally, the court determined that plaintiffs’ breach of contract claim regarding the medical insurance benefits was completely preempted by ERISA. The court wrote, “[t]he Complaint alleges H.I.G. breached the employment contract it had with the Plaintiffs because it made deductions from the Plaintiffs’ monthly paychecks and subsequently failed to provide continued health insurance. The case law makes clear that state law cause of action based on such allegations are pre-empted by ERISA. The Court will therefore grant the Motion to Dismiss as to the breach of contract claim.” Despite identifying a myriad of issues with the complaint as is, the court nevertheless disagreed with H.I.G. Capital Management that there are no additional facts which could save the complaint. Therefore, the court granted plaintiffs leave to amend their complaint to try and remedy the issues identified in this decision.

Seventh Circuit

Cella v. Lilly USA, LLC, No. 1:24-cv-00814-TWP-MKK, 2025 WL 2314732 (S.D. Ind. Aug. 11, 2025) (Judge Tanya Walton Pratt). Plaintiff Daniel Cella initiated this lawsuit in May of 2024 after he was terminated from Lilly USA LLC. In his complaint Mr. Cella asserted two causes of action. Count I sought to recover benefits under Section 502(a)(1)(B) of ERISA, while count II alleged that Lilly interfered with his benefit rights under Section 510 of ERISA. Lilly and the Lilly Severance Plan timely moved to dismiss the interference claim but neglected to file an answer to the claim for benefits. Despite having never filed an answer to count I, the case proceeded and the parties continued to litigate. They engaged in discovery, and on February 11, 2025, the court granted defendants’ motion to dismiss count II. The parties then filed a joint notice requesting the case be set for a bench trial on the Section 502(a)(1)(B) claim. Then, on May 13, 2025, Mr. Cella filed a motion for entry of default against defendants for failure to defend against count I. Defendants responded by filing a motion for leave to file an answer to count I and an opposition to Mr. Cella’s motion for entry of default. They argued that their failure to timely file an answer to count I was because the paralegal assigned to the case did not enter the deadline in counsel’s calendar. While certainly not ideal, the court determined that defendants’ failure to timely file an answer to count I was the result of excusable neglect. The court noted that Mr. Cella was not prejudiced by the omission, that the failure had no impact on the proceedings as the parties carried on litigating the case as if count I was still in dispute, and that the cited reason for the mistake appears to be “mere negligence rather than Defendant’s willful disregard of the Court’s deadlines.” Finally, the court found no evidence that Lilly or the plan acted in bad faith. Thus, the court concluded that the error was harmless and excusable, and that it does not justify entering default against defendants. Accordingly, the court wished to resolve the case on the merits. It therefore granted defendants’ motion for leave and denied as moot Mr. Cella’s motion for entry of default.