In re: Yellow Corp., No. 25-1421, __ F. 4th __, 2025 WL 2647752 (3rd Cir. Sep. 16, 2025) (Before Circuit Judges Shwartz, Montgomery-Reeves, and Ambro)

In response to the financial crisis caused by the COVID-19 pandemic, Congress enacted the American Rescue Plan Act of 2021 (“ARPA”). Part of this legislation was designed to shore up the nation’s struggling pension system and bolster the financial stability of stressed multiemployer pension plans. Through the Act, Congress appropriated special financial assistance funds to support these plans and help enable them to pay full pension benefits through at least 2051. “But the money came with a catch – Congress charged a federal agency, the Pension Benefit Guaranty Corporation (PBGC), with the task of promulgating regulations that would impose ‘reasonable conditions’ on how the pension plans would account for and use that money.”

The PBGC utilized this authority to issue two regulations: (1) the “Phase-In” regulation, which prohibited multiemployer plans from fully counting specific financial assistance funds as plan assets all at once; and (2) the “No-Receivables” regulation, which restricted the plans from recognizing as an asset any awarded special financial assistance money before the funds were paid to the plan.

One purpose of these regulations was to protect ARPA money from fully counting in calculating what withdrawing employers would owe to multiemployer plans upon untimely exits. Congress and the PBGC were wary of incentivizing a clever employer from exploiting this influx of cash as an opportunity to leave the plans it was contributing to at a withdrawal-liability discount. This litigation arises from one such employer’s efforts to do just that.

In July of 2023, Yellow Corporation, which was one of the nation’s largest trucking companies and a party to eleven multiemployer pension plans, shut down and filed for bankruptcy after it was unable to resolve a protracted labor dispute with the Teamsters union. The eleven plans responded by filing 174 proofs of claim in the bankruptcy case, seeking a combined $6.5 billion in withdrawal liability.

“For varied reasons all involving the challenged regulations, the pension plans did not include all the special financial assistance funding in their determinations of Yellow’s withdrawal liability.” In addition, Yellow’s withdrawal from the plans raised a separate question regarding how to calculate its liability under the statutory scheme – whether Yellow could be held to its agreement to pay withdrawal liability at 100% of the contribution rate (which it had agreed to in contracts with two of the funds) or whether the statutory language of the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”) required withdrawal liability to be calculated using the employer’s actual contribution rates for the time period before the withdrawal (which in the present matter was less – 25%).

In its ruling on the parties’ cross-motions for summary judgment, the bankruptcy court held that the Phase-In and No-Receivables regulations were valid exercises of the PBGC’s statutory authority and not otherwise arbitrary or capricious. The bankruptcy court further held that Yellow could be held to its agreement to pay withdrawal liability at 100% of the contribution rate “because the statutory formula for calculating withdrawal liability sets a floor on an exiting employer’s liability, not a ceiling.”

Yellow challenged these holdings by appealing to the Third Circuit Court of Appeals. In this decision the circuit court addressed the novel issue of the two regulations’ validity, and also considered the statutory withdrawal calculation issue. In the end, the appeals court affirmed both holdings of the bankruptcy court.

First, the Third Circuit agreed with the bankruptcy court that the challenged regulations were valid exercises of the PBGC’s authority and were neither arbitrary nor capricious. The court quoted from the bankruptcy court’s decision, stating, “Congress has expressly granted the PBGC the type of gap-filling authority that Loper Bright [v. Raimondo] described, both in ERISA as originally enacted in 1974 and again in the provisions of [ARPA] that are directly at issue here.”

The court of appeals, like the bankruptcy court, understood the specific ARPA provisions relating to the statutory formula for calculating a plan’s unfunded vested benefits (from which withdrawal liability is derived) to control over the general provisions of the MPPAA. Moreover, both courts observed that the notice-and-comment process for the regulations was comprehensive.

The Third Circuit also rejected the idea that this was an extraordinary case to which the “major questions doctrine” applied. “Congress created the PBGC to set regulations on withdrawal liability, made clear through ARPA it did not want special financial assistance to be used to subsidize withdrawal liability, and charged the PBGC specifically with the task to ‘impose, by regulation[,] … reasonable conditions’ related to ‘withdrawal liability’ on any ‘eligible multiemployer plan that receives special financial assistance.’ Far from a ‘transformative expansion,’ this is PBGC business as usual, transacted per ‘clear congressional authorization.’” For these reasons, the court upheld the bankruptcy court’s application of the PBGC’s two challenged regulations.

The Third Circuit then moved to the calculation issue and affirmed the bankruptcy court’s holdings there too. The appellate court agreed with the bankruptcy court that the relevant language in MPPAA permitted the two plans to enforce their contract with Yellow and demand liability at the contractually-bargained-for rate, despite that rate being higher than Yellow’s actual contributions at the time. “We know no convincing statutory case against holding Yellow to its end of the bargain. Seeking to reenter these pension plans, it bargained for a discount on its contributions by offering to pay full freight on its withdrawal liability if the time came. It is here.”

In sum, the court of appeals affirmed the bankruptcy court’s holdings that the PBGC’s Phase-In and No-Receivables regulations were valid exercises of its delegated authority under ARPA, and Yellow must pay the higher withdrawal liability contracted for with the New York and Western Pennsylvania Teamsters Funds. 

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

Arbitration

Ninth Circuit

Robertson v. Argent Trust Co., No. CV-21-01711-PHX-DWL, 2025 WL 2676091 (D. Ariz. Sep. 18, 2025) (Judge Dominic W. Lanza). Plaintiff Shana Robertson filed this action in October 2021 against Argent Trust Company and the selling shareholder trustees of an Employee Stock Ownership Plan (“ESOP”) alleging that they violated their fiduciary duties under ERISA. Argent filed a motion to compel arbitration, and in July of 2022, the court granted the motion and stayed the case pending resolution of the arbitration proceeding. On June 10, 2025, the arbitration panel issued an award in Ms. Robertson’s favor, and shortly thereafter also issued her an award of attorneys’ fees and costs. Those decisions prompted Ms. Robertson to move under the Federal Arbitration Act to confirm both awards, while defendants separately moved to vacate the awards. In addition, both parties filed motions to seal the arbitration details, as the ESOP requires them to request sealing of all the specifics related to the arbitration proceedings. Rather than rule on the merits of the pending motions to enforce/vacate the arbitration awards, the court denied them without prejudice as it found it currently lacks essential details discussing the nature of, or basis for, the underlying arbitration awards. The court further denied the parties’ sealing requests. It determined that the sealing requests lack merit as “the parties’ sole proffered reason for seeking to overcome the strong presumption in favor of public access is that they agreed with each other to maintain the confidentiality of any details related to their arbitration proceeding.” The mere fact they agreed to maintain the arbitration proceeding in confidence, the court said, is not enough to overcome the presumption in favor of public access. The court further explained that the public’s interest in understanding the basis for any decision that is ultimately reached would be severely undermined if the parties’ sealing request were approved. Accordingly, the court denied the motions to seal. However, it gave the parties the opportunity to propose newer, more narrow redactions, should they still wish to. As a result, the court’s ultimate decision to enforce or vacate the awards will have to wait for now.

Attorneys’ Fees

Third Circuit

Mundrati v. Unum Life Ins. Co. of Am., No. 23-1860, 2025 WL 2653588 (W.D. Pa. Sep. 16, 2025) (Magistrate Judge Patricia L. Dodge). In a memorandum opinion issued on March 24, 2025, the court granted summary judgment in favor of plaintiff Pooja Mundrati, finding that Unum’s denial of her claim for long-term disability benefits was arbitrary and capricious. (For a full summary of that decision you can read the coverage from our April 2, 2025 newsletter). Following her success, Dr. Mundrati moved for an award of attorneys’ fees and costs under Section 502(g)(1). Because Unum has filed a notice of appeal to the Third Circuit, Unum requested that the court stay resolution of Dr. Mundrati’s motion until the appeal is resolved. The court, however, denied Unum’s motion to stay and in this decision issued its ruling. As a starting point, the court analyzed the case under the Third Circuit’s five Ursic factors: (1) the offending parties’ culpability or bad faith; (2) the ability of the offending parties to satisfy an award of attorneys’ fees; (3) the deterrent effect of an award of attorneys’ fees against the offending parties; (4) the benefit conferred on members of the plan as a whole; and (5) the relative merits of the parties’ positions. The court determined that because Unum had acted arbitrarily and capriciously in denying the benefits, it acted culpably and the first Ursic factor favors awarding attorneys’ fees. Next, the court agreed with plaintiff that Unum’s behavior in the handling of her claim was not unique to this case and that it is entirely possible that an award of attorneys’ fees may have a deterrent effect on future disability claims. Thus, it found that this factor also supported awarding fees. Moreover, the court held that participants in Dr. Mundrati’s disability plan and similar plans will benefit from issues reached in this case. As for the relative merits of the parties’ positions, the court concluded that there could be no doubt that Dr. Mundrati had achieved success in nearly every position she raised in the case. Taken together, the court was confident that all five factors support an award of fees. As a result, the court proceeded to consider the fees requested. Dr. Mundrati sought $126,648.50 in attorney’s fees for 230.2 hours of work, consisting of the following: (1) $92,687.50, representing 148.3 hours by attorney Marc Snyder at $625 per hour; and (2) $33,988.50, which represented 81.93 hours by attorney Christopher Harris at $415 per hour. Unum challenged both the hourly rates and the number of hours spent. The court took a look at both. First, the court found that Mr. Snyder’s hourly rate was reasonable and appropriate given his 25 years of practice specializing in ERISA disability matters. The court thus declined to reduce this rate. With regard to Mr. Harris, however, the court chose to slightly reduce his rate to $400 per hour as he has only been practicing for seven years. The court then turned to defendant’s challenges to the hours expended. By and large, the court disagreed with Unum that the time entries were excessive or duplicative, given the large record in this case. The court only chose to reduce Mr. Snyder’s fees by six hours for the time he spent preparing for oral argument on a moot argument. The court reduced Mr. Harris’s hours slightly more, by 11 hours, to reflect time he spent on oral argument preparation and for his decision to attend mediation, when only one attorney was required. Applying these adjustments, the court was left with its ultimate grand revised total of $117,297.50 in fees. Finally, the court quickly addressed the $1,487.50 in costs Dr. Mundrati sought to recover, which were made up of the filing fee, the cost of Mr. Harris’s pro hac vice admission fee, and the cost of the mediator. The court found that all three were recoverable. Accordingly, it awarded Dr. Mundrati all of the costs she requested. Thus, the court granted plaintiff’s motion for attorneys’ fees and costs and awarded her fees subject to the slight adjustments referenced above.

Breach of Fiduciary Duty

Second Circuit

AutoExpo Ent. Inc. v. Elyahou, No. 23-cv-09249 (OEM) (ST), 2025 WL 2637493 (E.D.N.Y. Sep. 12, 2025) (Judge Orelia E. Merchant). Plaintiff AutoExpo Ent. Inc. is a car dealership operating in New York. In this lawsuit the dealership alleges that the fiduciaries of its ERISA defined contribution retirement plan violated ERISA Sections 502(a)(2) and 502(a)(3) through certain plan amendments and withdrawal transactions which AutoExpo did not authorize or permit. In addition, the company alleges that some of these same individuals violated the Defend Trade Secrets Act, committed fraud, and aided and abetted in fiduciary breaches. Defendants collectively moved to dismiss the action, claiming that the automotive dealership lacks standing to sue under ERISA and failed to state each of its claims. The court granted the motion in part and denied in part in this order. As an initial matter, the court assessed plaintiff’s standing to pursue its ERISA causes of action, and determined that to the extent it brings its claims on behalf of the plan, it has adequately alleged injuries-in-fact, traceable to the conduct at issue. Specifically, the court held that the complaint plausibly alleges that the plan suffered an injury-in-fact by way of an unauthorized withdrawal of plan funds, which is both fairly traceable to the breach of fiduciary duty and redressable by equitable damages paid to the plan. Moreover, the court determined that the complaint states plausible claims under Sections 502(a)(2) and 502(a)(3) against the fiduciary defendants and that these alleged breaches resulted in harm to the plan. The court found that the complaint describes how the challenged amendments to the plan and the allegedly improper withdrawals were in breach of the defendants’ fiduciary duties owed to the plan. Accordingly, the court denied the motion to dismiss any of the ERISA causes of action. However, the rest of plaintiff’s complaint was a different story. The court agreed with defendants that the complaint fails to state fraud or fiduciary breach claims, or a claim under the Defend Trade Secrets Act. The court concluded that the complaint lacks sufficient factual information to plausibly plead the existence of trade secrets protected by the Defend Trade Secrets Act, that its allegations of aiding and abetting a breach of fiduciary duty were conclusory, and that it does not meet the heightened pleading standard for fraud under Rule 9(b). Therefore, the court granted the motion to dismiss all of the non-ERISA claims in the complaint.

Fifth Circuit

Estay v. Ochsner Clinic Foundation, No. 25-507, 2025 WL 2644782 (E.D. La. Sep. 15, 2025) (Judge Jane Triche Milazzo). Two long-time employees of defendant Ochsner Clinic Foundation, plaintiffs Megan Estay and Francesca Messore, filed this putative class action alleging that Ochsner and the Retirement Benefits Committee of the foundation’s 401(k) plan have breached their duties under ERISA and engaged in prohibited transactions through their use of plan forfeitures. Defendants moved to dismiss plaintiffs’ action pursuant to Rule 12(b)(6). The court granted defendants’ motion to dismiss in this decision. First, the court agreed with Ochsner and the Benefits Committee that plaintiffs failed to state a claim for a breach of the fiduciary duty of loyalty because defendants’ decision to allocate the forfeitures to contributing matches rather than plan expenses is supported by both federal regulations and the language of the plan itself. The court noted that “at least a dozen other district courts have considered similar arguments and found them lacking.” The court went on to summarize the primary reasons these courts have dismissed similar allegations in forfeiture cases: “(1) ERISA does not require the fiduciary to maximize profits, only to ensure that participants receive their promised benefits; (2) both ERISA and the terms of the plans themselves authorize the use of forfeiture funds for employer contribution matching; and (3) the plaintiffs’ theory would effectively require forfeiture funds to be used for administrative expenses and would create an additional benefit to participants not contemplated in the plans.” The court emphasized that plaintiffs fail to allege they are being deprived of promised benefits. Instead, the court held that their theory of liability focuses on maximizing benefits, which ERISA does not require. Much like the duty of loyalty, the court dismissed the duty of prudence claim, finding it simply implausible. The court concluded that plaintiffs’ imprudence allegations rely on a mistaken implication “that because the fiduciaries chose to allocate the Forfeitures to matching contributions instead of administrative expenses, then they could not have undertaken a prudent decision-making process.” Further, it expressed that this theory is not limited to any specific facts regarding Ochsner’s actions, but instead seeks to categorically bar companies from using forfeitures to reduce their own contribution expenses. The court’s dismissal of plaintiffs’ underlying fiduciary breach claims doomed their derivative failure to monitor claim. It too was thus dismissed. The court then discussed the prohibited transaction claims. Defendants argued these claims could not succeed “because the inter-plan transfer of assets is not a transaction as contemplated by § 1106.” The court agreed. And because plaintiffs failed to allege a “transaction,” the court concluded that they did not state a claim for a prohibited transaction under any subsection of § 1106. Finally, the court addressed defendants’ argument that plaintiffs must exhaust their administrative remedies before bringing suit. Here, and only here, the court disagreed with defendants. Contrary to their assertions, it held that plaintiffs’ claims on behalf of a putative class of participants seeking disgorgement of profits secured by defendants “are not disguised claims for additional benefit, and exhaustion is therefore not required.” Nevertheless, as explained above, the court dismissed plaintiffs’ action for other reasons. However, because they have not yet been afforded the opportunity to amend their complaint, the court dismissed the claims without prejudice.

Seventh Circuit

Walther v. Wood, No. 1:23-CV-00294-GSL, 2025 WL 2675099 (N.D. Ind. Sep. 17, 2025) (Judge Gretchen S. Lund). Plaintiffs in this putative class action are current and former employees of the aluminum manufacturing company 80/20, Inc. In 2016, the founder of the company created an Employee Stock Ownership Plan (“ESOP”) to give his employees the opportunity to partake in 80/20’s ownership. At its creation, the ESOP purchased 10% of the company’s shares, with the founder retaining the remaining 90%. He set things up so that these shares would become available for purchase upon his death, with the ESOP having the exclusive right to make an offer for all or part of the shares for 180 days. In 2019, the founder died, at which time the shares came up for sale. For reasons that are contested and at issue in this litigation, the appointed trustee of the ESOP did not begin negotiations within the 180-day exclusive window, and in the end the company sold 100% of 80/20’s stock to a third-party buyer. This meant that not only did the ESOP not buy the founder’s share of the stock, but it was also forced to sell its 10% as part of the third-party transaction. Plaintiffs Martha Walther, Trent Kumfer, Jayme Lea, Megan Kelsey, Dave Lowe, Carol Whisler, and Michele Porter are challenging what took place in this lawsuit. In a previous order the court dismissed aspects of plaintiffs’ original complaint. Specifically, the court found that plaintiffs failed to state any plausible claims against defendants MPE Partners II, L.P., MPE Partners III, L.P., Rodney Strack, Patrick Buesching, Patrice Mauk, Pareto Efficient Solutions, LLC, and granted their motion to dismiss entirely, holding that plaintiffs’ claims rested on an assertion that the ESOP had a right to purchase the shares at issue, while the plain language of the codicil and Buy-Sell Agreement indicate they were only entitled to an offer to purchase them. For much the same reason, the court dismissed several claims against the trustee, defendant Brian Eagle, which rested on the same underlying assumption. However, the court permitted plaintiffs’ claim 29 U.S.C. 1104(a)(1) asserted against Mr. Eagle to proceed, holding that plaintiffs stated a valid claim against him for fiduciary breach related to his role as the trustee of the ESOP. (Your ERISA Watch covered this decision in our October 9, 2024 edition.) Another defendant, John Wood, never filed a motion to dismiss, and as such the claims against him remain. Eight months after the court issued its decision on the motions to dismiss, defendants Wood and Eagle filed motions for judgment on the pleadings. In this order the court denied both motions. As for Mr. Wood, the court agreed with plaintiffs that his motion failed to develop any argument, cite legal authority, or explain reasons why he believes dismissal is warranted on his behalf, except for pointing to the Court’s dismissal of Defendant Buesching. The court found all of this troubling and therefore denied the “insufficient and underdeveloped” motion. The court also took issue with Mr. Eagle’s motion. For one thing, the court disagreed with his assertion that the only remaining issue to be decided is whether he “breached his fiduciary duties in delaying negotiations with the Estate beyond the 180-day deadline in the Buy/Sell Agreement for [ESOP] to accept any offer made by the Estate for the purchase of Don [Wood]’s shares.” The court replied that it could not, and did not, pick and choose which of plaintiffs’ factual allegations made under Section 1104(a)(1) viable against Mr. Eagle. Moreover, the court determined that there remain genuine issues of material fact as to Mr. Eagle’s status as trustee during the relevant time period and that it would be contrary to law for the court to make a finding at this point in the proceedings. Accordingly, the court determined that Mr. Eagle failed to show that plaintiffs’ remaining fiduciary breach claim against him is not viable. For this reason, the court denied his motion for judgment on the pleadings.

Ninth Circuit

Armenta v. WillScot Mobile Mini Holdings Corp., No. CV-25-00407-PHX-MTL, 2025 WL 2645518 (D. Ariz. Sep. 15, 2025) (Judge Michael T Liburdi). Plaintiff Ariel Armenta brings this action individually and as a representative of similarly situated participants and beneficiaries of the WillScot Mobile Mini 401(k) Plan against the WillScot Mobile Mini Holdings Corporation, alleging the company is violating its fiduciary duties and engaging in transactions prohibited by ERISA through its use of forfeitures. Readers of Your ERISA Watch are undoubtedly aware that forfeiture cases such as this one have not been faring well in the district courts as of late. This decision ruling on WillScot’s motion to dismiss was no exception. In this order the court concluded that Ms. Armenta’s prohibited transaction and fiduciary breach allegations under § 1104(a)(1)(A) and § 1104(a)(1)(D) fail as a matter of law, and that her general allegations of imprudence under § 1104(a)(1)(B) fail to provide any specific facts about WillScot’s alleged flawed processes when making decisions to reallocate forfeitures. Importantly, the court noted that the plan terms permit the administrator to reallocate forfeitures to both administrative expenses and plan contributions, and the order in which this reallocation occurs is not defined in the Plan terms. Given this permissive plan language governing the use of forfeited employer contributions, the court determined that Ms. Armenta could not state a claim that WillScot breached its fiduciary duty to act in accordance with plan documents or that it breached its fiduciary duty of loyalty. As a result, the court dismissed these claims with prejudice. However, the court ruled that providing leave to amend for the imprudence claim was proper because it is possible that Ms. Armenta could plausibly amend her complaint to allege that one could “reasonably infer from the circumstantial factual allegations that the fiduciary’s decision-making process was flawed.” Thus, this aspect of Ms. Armenta’s complaint was dismissed without prejudice. The same was not true of her claims alleging prohibited transactions under Section 1106. Much like her disloyalty and failure to act in accordance with plan terms claims, the court determined that the prohibited transactions claims could not be cured through amendment because WillScot’s use of the forfeitures to offset its own contributions cannot be understood to be an unlawful transaction under § 1106 in light of the plan’s documents. Based on the foregoing, the court determined that the complaint does not state claims upon which relief can be granted and thus dismissed the action.

Disability Benefit Claims

Ninth Circuit

Koehnke v. Unum Life Ins. Co. of Am., No. 6:23-cv-00819-AA, 2025 WL 2682390 (D. Or. Sep. 19, 2025) (Judge Ann Aiken). Plaintiff Debbie Koehnke filed this lawsuit to challenge Unum Life Insurance Company of America’s denial of her claim for long-term disability benefits under a policy established by her former employer, Morrow Equipment Company. Ms. Koehnke maintains that she cannot perform the material and substantial duties of her former work as a document control manager at Morrow due to a degenerative disc condition in her lower spine, a seizure disorder, fibromyalgia, and sedation from her prescribed medications. Unum disagrees. Unum argues that findings in the medical record contradict her position, and contends that she is exaggerating the severity of her medical condition. The parties each moved for judgment on the administrative record under a de novo standard of review. In this order the court found the opinions of Ms. Koehnke’s treating providers highly credible and persuasive, given their years of in-person treatment history and direct examinations of Ms. Koehnke. Conversely, the court found that defendants’ consultant physicians cherry-picked from the medical record, improperly discredited Ms. Koehnke’s subjective symptom testimony, and failed to “explain why long-term treatment for a degenerative condition that has not improved renders Plaintiff’s reported symptoms not credible.” Based upon an exhaustive review of the complete administrative record, the court found that Ms. Koehnke established by a preponderance of the evidence that she was disabled under the policy’s definition of disability and that Unum failed to convincingly rebut this. In particular, the court disagreed with Unum that Ms. Koehnke was not disabled simply because she traveled. “Evidence in the record is that Plaintiff had to obtain additional medication to travel and statements from her family was that Plaintiff experienced reduced activity when traveling, and that the family has had to adjust to her chronic pain management needs.” Moreover, the court highlighted the objective medical findings in the record which support Ms. Koehnke, including her spinal surgery, MRIs, x-rays, the functional capacity exam results, the opinions of her doctors, four witness statements, and intensive pain management through medications prescribed by her doctors. In fact, the “only medical providers who questioned the veracity or severity of Plaintiff’s symptoms are Defendant’s reviewers,” who never saw her in person. For these reasons, the court concluded that Ms. Koehnke met her burden to prove she is disabled under her long-term disability plan. Accordingly, the court entered judgment in her favor and awarded her benefits. However, the court agreed with Unum that the administrative record is not developed on the question of whether Ms. Koehnke is disabled under the “any occupation” definition of disability, and that a claim under this definition is not properly before the court at this time. Finally, the court instructed the parties to discuss the amount of benefits owed, and any interest, and informed Ms. Koehnke that any motion for attorneys’ fees and costs under Section 502(g) must be filed no later than 14 days after the entry of judgment.

Discovery

Seventh Circuit

Gaines v. United of Omaha Life Ins. Co., No. 1:25-cv-00167-HAB-ALT, 2025 WL 2675105 (N.D. Ind. Sep. 18, 2025) (Magistrate Judge Andrew L. Teel). On June 11, 2025, the court issued a scheduling order allowing plaintiff Brett Gaines discovery in his ERISA action against United of Omaha Life Insurance Company. Displeased with this decision, United of Omaha filed a motion to vacate the court’s order, contending that discovery is “not necessary or appropriate in this ERISA matter and is contrary to ERISA’s administrative and functional purposes.” The matter was referred to Magistrate Judge Andrew L. Teel. In this brief decision Judge Teel denied defendant’s motion. As an initial matter, he noted that while the motion was styled as a motion to vacate, it was, as a practical matter, a motion to reconsider. While motions to reconsider are permitted, they are disfavored, particularly when they rehash previously rejected arguments and fail to identify a clear error or change in controlling law. Judge Teel found United of Omaha’s motion suffered from these flaws, as it was replete with a “rehashing [of] previously rejected arguments…that could have been heard during the pendency of the previous motion.” Moreover, the Magistrate emphasized that the motion failed to acknowledge that the court is allotted discretion in allowing discovery. For these reasons, Judge Teel denied the motion to vacate. Relatedly, the Magistrate Judge denied United of Omaha’s alternative motion for a protective order, concluding that defendant had failed to specify which of the discovery requests should be restricted under its requested protective order. Judge Teel conveyed that United of Omaha’s motion contained little more than perfunctory statements and complaints, and these would “not suffice.” As a result, Judge Teel denied both of United of Omaha’s motions seeking to eliminate or limit the discovery in this action. 

ERISA Preemption

Second Circuit

Norman Maurice Rowe, M.D., M.H.A., L.L.C. v. Aetna Life Ins. Co., No. 23 Civ. 8297 (LGS), 2025 WL 2644190 (S.D.N.Y. Sep. 15, 2025) (Judge Lorna G. Schofield). Plaintiffs Norman Maurice Rose M.D., M.H.A., LLC and East Coast Plastic Surgery, P.C. are plastic surgery practices that have filed dozens of similar lawsuits in the Eastern and Southern Districts of New York against various insurers challenging reimbursement rates for medically necessary breast surgeries they provided to covered patients. In this particular action, the providers have sued Aetna Life Insurance Company seeking additional payments related to a breast surgery they performed on an Aetna patient. The providers asserted five state law causes of action: (1) breach of contract, (2) unjust enrichment, (3) promissory estoppel, (4) fraud and (5) conversion. Aetna moved for dismissal, relying upon the patient’s summary plan description. Because the plan is integral to the providers’ action, the court concluded the plan summary is properly considered on the motion to dismiss. Moreover, the court agreed with Aetna that the plan document makes clear that the plan is governed by ERISA. With this information, the court dismissed the amended complaint because all five causes of action arise under state law and are preempted by ERISA Section 514(a). “Plaintiffs, as valid assignees of A.V., assert claims for breach of contract, promissory estoppel, unjust enrichment, fraudulent inducement and conversion, which all arise under state law and seek payment in connection with medical services rendered to A.V. These claims ‘implicate coverage determinations under the relevant terms of the Plan, including denials of reimbursement’ and are thus ‘colorable claims for benefits pursuant to ERISA § 502(a)(1)(B).’ The Amended Complaint does not allege any ‘independent legal duty that is implicated by the defendant’s actions.’” The court added that any legal duty Aetna had to reimburse the providers arises from its obligations under the patient’s ERISA plan, not from any separate promise or agreement. For this reason, the court granted Aetna’s motion to dismiss. The court also explained that it would dismiss the action with prejudice because plaintiffs already amended their complaint and failed to add an ERISA claim. Further amendment of the state law claims, the court said, would obviously be futile as they would remain preempted for the reasons discussed. Accordingly, the lawsuit was dismissed with prejudice.

Third Circuit

Bowden v. Express Scripts, Inc., No. 3:25-cv-261, 2025 WL 2653582 (W.D. Pa. Sep. 16, 2025) (Judge Robert J. Colville). In this putative class action plaintiff Garrett Bowden is challenging defendants Express Scripts, Inc., Cigna Corporation, and Evernorth Health Services’ removal of a small and critical chain of pharmacies in rural Pennsylvania as in-network provider under health plans administered by Pennsylvania health insurance providers UPMC and Highmark. Plaintiff asserts that the putative class members face imminent loss of access to their medications and pharmacy services because of defendants’ decision to terminate the pharmacies from their provider networks. Mr. Bowden commenced his action in state court. Defendants removed the case to federal court, asserting ERISA preemption. Defendants further argue that removal is proper under the Class Action Fairness Act because this is a putative class action involving at least 100 putative class members, at least one defendant is diverse from at least one putative class member, and the alleged amount in controversy exceeds $5 million. Mr. Bowden moved to remand his action back to Pennsylvania state court. The court denied his remand motion in this decision. The court agreed with the removing defendants that the claims at issue are preempted by ERISA. “The status of Martella’s, or any pharmacy, as an in-network pharmacy under the putative class members’ health benefit plans is a benefit under the plans, and the putative class members clearly seek to enforce and/or clarify their rights under their plans in this lawsuit. Plaintiff’s claims implicate the administration of a health benefit plan, i.e., which pharmacies qualify as ‘in-network’ pharmacies. As such, Plaintiff could have brought this action under Section 502(a), and the first complete preemption requirement is met in this case.” The court went on to conclude that no other legal duty supports plaintiff’s state law claims. It found that the claims plainly seek enforcements of benefits owed under ERISA plans and/or clarification as to whether the manner and circumstances of the removal of the pharmacies as in-network providers was consistent with the terms of the benefit plans. Moreover, plaintiff’s desire to have the pharmacies reinstated as in-network appeared to the court to be a plain attempt to modify or control the scope of Express Script’s pharmacy network, which clearly implicates the administration of the health benefit plans. In conclusion, the court agreed with defendants that Mr. Bowden’s causes of action arise from the ERISA-governed healthcare plans and necessarily depend upon interpretation of the rights and benefits under the plans, and are thus completely  preempted by ERISA. The court denied the motion to remand on this basis. Given this holding, the court declined to offer any detailed analysis of the issue of removal under the Class Action Fairness Act, although it did state that it believes removal under the Class Action Fairness Act would be appropriate here. Regardless, the court denied the motion to remand, and instructed Mr. Bowden to file an amended complaint asserting a claim under ERISA.

Exhaustion of Administrative Remedies

Eleventh Circuit

Berry v. Bailey, No. 5:24-cv-522-CLM, 2025 WL 2678784 (N.D. Ala. Sep. 18, 2025) (Judge Corey L. Maze). Plaintiffs in this putative class action are former employees of the defense-contracting firm Radiance Technologies, and participants in the company’s Employee Stock Ownership Plan (“ESOP”). Additionally, some of the named plaintiffs hold stock appreciation rights. In their complaint plaintiffs allege that Radiance’s CEO, Radiance’s board of directors, the plan’s trustee, Argent Trust, and an Argent employee have breached their fiduciary duties under Alabama state law and ERISA by bungling, or in the case of the CEO allegedly sabotaging, the sale of the company in 2023 for self-interested reasons. Specifically, plaintiffs maintain that the CEO didn’t want the sale to go through because the five potential buyers looking to purchase Radiance would not have allowed him to stay on in that position. Moreover, plaintiffs allege that neither the board of directors nor the Argent defendants performed due diligence when the CEO made false and misleading assertions about the value of the company. According to plaintiffs it was apparently in defendants’ interests not to scrutinize the CEO’s assertions too closely and instead table the potential sale of Radiance because the board members were personally appointed by the CEO and compensated for their positions, and Argent generated fees as trustee of the ESOP. Plaintiffs also take issue with the fact that they were never provided information about the potential sale. Defendants moved to dismiss plaintiffs’ action. They asked the court to dismiss the claims against them for several reasons, including lack of standing, procedural deficiencies, and failure to state claims upon which relief may be granted. The court granted the motion to dismiss in this decision. The court identified three reasons which it concluded required dismissing plaintiffs’ claims. First, the court determined that plaintiffs lack standing to bring direct breach of fiduciary duty claims against the Radiance Defendants under Alabama law because the alleged harm affected all stockholders equally. Second, the court held that Plaintiffs’ remaining state law breach of fiduciary duty claims against all Defendants are preempted by ERISA. Third, and finally, the court determined that the ERISA fiduciary breach claims must be dismissed because plaintiffs failed to exhaust their administrative remedies. With regard to preemption, the court agreed with defendants that both prongs of the Davila complete preemption test are satisfied here because “(1) Plaintiffs, as ESOP participants, have the right to bring claims under § 502(a) to remedy breaches of fiduciary duties harming the ESOP and (2) there is no separate legal duty supporting Plaintiffs’ state-law claims.” The court added that all of the state law claims implicate defendants’ duties under the ESOP, because the only fiduciary duties they owe to plaintiffs, as beneficial stockholders in Radiance, arise from the ERISA-governed plan. On top of preemption under Section 502(a), the court concluded that defensive preemption under Section 514(a) applies as well for much the same reason. Accordingly, the court held that all of plaintiffs’ state law causes of action are barred due to ERISA preemption. The court then reached the issue of exhaustion under ERISA. Plaintiffs refute that exhaustion is required. They argue they did not need to exhaust any claims procedures before bringing a civil action because the ESOP’s administrative claims procedure is “non-mandatory,” the exhaustion mandate only applies to claims for benefits, not fiduciary breach claims like those at issue here, and exhaustion would have been futile. The court disagreed with all three arguments. It held that these arguments have all been undermined by previous Eleventh Circuit decisions, which “show that Plaintiffs’ claims were ‘claims for benefits’ and an ESOP’s administrative claims procedures must be exhausted even if (a) it uses permissive language, and (b) it is overseen by individuals alleged to have breached their fiduciary duties.” For these reasons, the court disagreed with plaintiffs that they could simply ignore ERISA’s exhaustion requirement. As a result, the court dismissed the ERISA causes of action too. Thus, as explained above, the court fully granted the motion to dismiss. However, it dismissed all claims without prejudice.

Medical Benefit Claims

Fourth Circuit

Swartzendruber v. Sentara RMH Med. Center, No. 5:22-cv-55, 2025 WL 2655986 (W.D. Va. Sep. 16, 2025) (Judge Michael F. Urbanski). In this action plaintiff Michael Swartzendruber alleges that he, and others like him, were improperly billed by his healthcare providers Sentara RMH Medical Center and RMH Medical Group, LLC, and improperly reimbursed by his health insurer, United Healthcare Insurance Company. His lawsuit arises from blood tests in 2019 and 2021. Each blood draw was done at an outpatient satellite location. Despite both blood draws physically taking place at these non-hospital locations, the blood samples were sent to a separate location, “Sentara RMH Medical Center’s main hospital location,” for testing. Because of this transfer, Mr. Swartzendruber was billed a much higher cost for his blood tests than he expected. Mr. Swartzentruber contests this billing. He also alleges a “number of misrepresentations arising out of this billing issue: first, that Sentara lied to United when it sent United claims for services rendered at 2010 Health Campus when the venipunctures physically took place elsewhere; second, that United lied on its website when plaintiff sought estimates for the blood tests; and third, that United lied on the phone when plaintiff called United to ask how much the service(s) would cost at SMHC.” In his operative complaint, Mr. Swartzendruber asserts three causes of action under ERISA: (1) a class claim under Section 502(a)(1)(B) against United that argues the insurer improperly billed for the blood draws under the plan; (2) an individual claim under Section 502(a)(3) alleging that Mr. Swartzendruber was misled by United about plan benefits due to its programming of its cost estimator tool and it training of its customer service representatives; and (3) a class claim under Section 502(a)(3) alleging that the Sentara defendants should be required to resubmit the claims correctly to United, and United should then reprocess the claims, and provide an explanation to each member of the class about the allowed amount for each treatment. Presently before the court were three motions. Mr. Swartzendruber filed a Daubert motion seeking to exclude the expert testimony of defendants’ expert Kristina Kahan, a registered nurse, certified professional coder, and senior managing director at Ankura Consulting with experience in the field of healthcare billing and processing practices. Also before the court were motions for summary judgment filed by United and the Sentara defendants. In a long but comprehensive decision the court denied plaintiff’s Daubert motion and granted defendants’ summary judgment motions. The court reviewed the Daubert motion first. Contrary to Mr. Swartzendruber’s assertions, the court concluded that Ms. Kahan’s testimony was relevant and helpful, and that she provided a sufficient basis on which to offer her opinions. The court found that it was better equipped to address the issues in dispute thanks to Ms. Kahan’s report. Accordingly, the court denied Mr. Swartzendruber’s motion to exclude her report. The court then considered defendants’ respective motions for summary judgment, starting with United’s motion. As for Count 1, the court concluded that United had exercised reasonable discretion in making its benefits determinations, and that plaintiff had not raised a genuine dispute of material fact as to issues raised in his Section 502(a)(1)(B) claim. Moreover, the court disagreed with Mr. Swartzendruber that United failed to reference adequate materials in making its determination or was otherwise willfully blind in its reading of the plan language. Thus, the court found that United’s decisions were reasonable and the claims were properly billed. The court therefore granted United’s motion for summary judgment as to Count 1. And because Count 3 works in tandem with Count 1, the court agreed with United that it was dependent on an underlying finding that the denial of benefits was improper. Therefore, because Mr. Swartzendruber failed to establish United’s liability under Count 1, the court concluded that he was not entitled to relief under Count 3. Finally, the court addressed Count 2 as asserted against United. This claim was predicated on allegations that United misprogrammed its cost estimate website and mistrained its agents. The court determined that United did not act as a fiduciary either when it provided cost estimates to Mr. Swartzendruber or when it checked the public credentials of network providers. The court therefore granted summary judgment to United on Count 2, without reaching plaintiff’s argument that a material issue of fact remains as to whether United committed a material misrepresentation, or United’s argument that plaintiff’s requested equitable relief is not available. Finally, the court turned to the Sentara defendants’ motion for summary judgment. Ultimately, the court held that Sentara could not be held liable as a non-fiduciary when the court found no breach of fiduciary duty by United. The court thus granted summary judgment to the providers on both ERISA claims asserted against it. For these reasons, the court entered judgment in favor of defendants and closed the case.

Eleventh Circuit

Gomez v. Neighborhood Health Partnership, Inc., No. 1:22-cv-23823-KMW, __ F. App’x __, 2025 WL 2658881 (11th Cir. Sep. 17, 2025) (Before Circuit Judges Lagoa, Abudu, and Wilson). This litigation arises from nasal surgery plaintiff-appellant Abigail Gomez received in October of 2019. Prior to the relevant surgery, Ms. Gomez had undergone three other nasal surgeries to address breathing problems “and subsequent unsatisfactory cosmetic and physiological results.” Before undergoing her procedure, Ms. Gomez sought preauthorization from her healthcare plan with Neighborhood Health Partnership, Inc. The preauthorization form designated Dr. Richard Davis as the treating physician and specified very specific surgical procedures. However, after receiving preauthorization approval, Dr. Davis decided not to perform the procedures because, in his professional opinion, Ms. Gomez’s nose already had experienced a great deal of trauma, which made the risk of complications from cosmetic surgery higher than he was comfortable with. As a result, Dr. Davis referred Ms. Gomez to a colleague, Dr. Jeffrey Epstein. Dr. Epstein determined that he could perform surgery on Ms. Gomez, albeit different procedures from those Dr. Davis had originally contemplated and received preauthorization for. “Gomez never sought to amend the preauthorization form to designate Dr. Epstein as the treating physician, nor did she submit a completely new health services request. Nevertheless, in October 2019, Dr. Epstein performed a nasal surgery consisting of several procedures and then billed Neighborhood Health directly using a different set of procedure codes.” Ultimately, Neighborhood Health informed Ms. Gomez that Dr. Epstein’s operation was not covered because it was cosmetic and not medically necessary, unlike the previously approved procedures. Following an unsuccessful administrative appeal, Ms. Gomez pursued legal action under ERISA. Unfortunately for her, litigation proved just as frustrating, as the district court entered summary judgment in favor of Neighborhood Health. Under arbitrary and capricious review, the lower court found that the denial was reasonable as there were differences between the procedures Dr. Davis originally planned to perform and the ones that Dr. Epstein actually performed, the plan does not contemplate allowing a prior approval for specific health services to automatically transfer to an undesignated treating physician, and the reviewing doctors adequately explained why the surgical procedures performed were cosmetic rather than medically necessary. Ms. Gomez timely appealed. In this unpublished per curiam order the Eleventh Circuit panel affirmed, agreeing with the district court that upon careful review of the record it is clear there was a reasonable basis for the administrator’s decision. Among other things, the court of appeals noted that the “record shows that Neighborhood Health reviewed Gomez’s medical history and the documents she submitted in support of her administrative appeals,” and that both consultant doctors “provided detailed explanations for why the procedures Dr. Epstein performed were not medically necessary or otherwise covered by Gomez’s plan.” Moreover, the Eleventh Circuit emphasized that Ms. Gomez failed to receive preauthorization for the treating provider before undergoing the surgical procedures. It found that she could not rely on the approval Dr. Davis received to rectify this misstep. “There was, therefore, no basis for assuming that an authorization given to an in-network doctor for one procedure would carry over to a different out-of-network doctor for a different procedure.” The Eleventh Circuit was also unconvinced that the procedures Dr. Epstein performed were medically necessary simply because Ms. Gomez had previously suffered from symptoms which qualified her for other nasal surgeries. Nor did the appeals court find it was improper for Neighborhood Health to afford weight to the opinions of the two doctors who completed the appeals review, given the fact that they both considered the documentation provided by Ms. Gomez and explained the bases for their conclusions. Finally, the court rejected Ms. Gomez’s argument that the shifting bases Neighborhood Health provided for the denial of coverage suggested that the decision-making was arbitrary and capricious. Rather, the Eleventh Circuit concluded that Neighborhood Health simply identified multiple deficiencies with the claim, which provided multiple grounds upon which to deny the claim. Based on the foregoing, the appellate court concluded that the district court did not err in concluding that there is no genuine material issue of fact as to whether Neighborhood Health acted arbitrarily and capriciously. Thus, the Eleventh Circuit affirmed.

Pleading Issues & Procedure

Third Circuit

Akopian v. Inserra Supermarkets, No. 23-519, 2025 WL 2636420 (D.N.J. Sep. 12, 2025) (Judge Claire C. Cecchi). This action arises from Inserra Supermarkets’ termination of pro se plaintiff Andrei Akopian from his position as a clerk at the Hackensack, New Jersey ShopRite grocery store in January of 2022. In his complaint Mr. Akopian alleges that his former employer violated the Americans with Disabilities Act (“ADA”). In addition, Mr. Akopian maintains that his union, his former employer, and the fiduciaries of his ERISA-governed benefit plans committed several violations of ERISA. Defendants moved to dismiss Mr. Akopian’s action pursuant to Rule 12(b)(6). The court granted the motions to dismiss, without prejudice, in this order. To begin, the court dismissed the ADA claims against Inserra. The court concluded the ADA claims were insufficiently pled and that as a result, it could not infer that Mr. Akopian’s termination was discriminatory. Moreover, the court dismissed Mr. Akopian’s ADA claims for retaliation and failure to accommodate because he failed to exhaust administrative remedies with respect to these claims. The court then addressed the ERISA claims. Mr. Akopian alleged violations of ERISA against all defendants. He appeared to allege four categories of misconduct under ERISA: (1) that he should have, but did not, receive certain benefits under a healthcare plan offered to part-time ShopRite employees because he remained a part-time employee at a separate ShopRite after his termination from his full-time position at the Hackensack store; (2) that defendants breached their fiduciary duties and engaged in prohibited transactions by mismanaging their ERISA plans; (3) that he was not notified of his eligibility for COBRA benefits within the required period; and (4) that he was retaliated against in violation of Section 510 of ERISA. The court went through each of these categories and explained why Mr. Akopian’s allegations were insufficient at the pleading stage. First, the court said it was unclear from the complaint what benefits, if any, Mr. Akopian was actually denied under the healthcare plan available to part-time employees. Second, the court concluded that the claims of plan mismanagement fail as he does not allege any losses to any plan but instead asserts only individual harms. Third, the court dismissed the COBRA claim because it could not discern from the complaint which plan Mr. Akopian sought to extend through COBRA nor the identity of the plan administrator that allegedly failed to inform him of continued healthcare benefits. Fourth, and last, the court dismissed the Section 510 retaliation claim as it found that the complaint “never asserts that he sought to attain a right under any plan to which he was entitled, but was discharged, fined, suspended, expelled, disciplined, or discriminated against in retaliation.” Given Mr. Akopian’s pro se status, the court dismissed his complaint without prejudice, and allowed him 30 days from the date of its order to file an amended complaint addressing these deficiencies.

Birmelin v. Verizon Pension Plan for Associates, No. 3:24-cv-1369, 2025 WL 2656067 (M.D. Pa. Sep. 16, 2025) (Judge Julia K. Munley). Plaintiff Kelly Birmelin filed a lawsuit in Pennsylvania state court against Verizon and the Verizon Pension Plan for Associates alleging that as the surviving spouse of a former Verizon employee she is entitled to 100% survivor pension benefits under the pension plan. In her action Ms. Birmelin seeks a recalculation of her husband’s time of employment and a declaration that 100% of benefits must be paid under the terms of the plan. Additionally, Ms. Birmelin alleges that defendants breached their contractual requirements of the plan, entitling her to 100% benefits. Ms. Birmelin maintains that she served defendants in the state law action but that they failed to respond to her complaint. As a result, she moved for an entry of default judgment, which the state court entered against Verizon and its pension plan. Ms. Birmelin says she then served the default judgment on defendants by mail. The Verizon defendants, however, have a markedly different narrative. They contend that neither was ever served with the complaint or any other filings in the state court action, and that the service was therefore invalid. Once they learned of the default judgment against them, defendants undertook three actions in short succession. First, they filed a petition to strike the default judgment in state court. Second, before the state court issued any ruling regarding the default judgment, defendants removed the matter to federal court, arguing that the action is completely preempted by ERISA. Finally, they moved to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(6). Although the court agreed with defendants that this action is governed by and subject to ERISA because it seeks benefits under an ERISA pension plan, it nevertheless deferred ruling on the motion to dismiss given the unusual procedural posture of this case. “After careful consideration of the issues, the court cannot resolve the pending motion to dismiss until it addresses the existence of the state court default judgment. Defendant’s state court petition to strike or open the default judgment is not properly before the court.” Rather, the court held that defendants must file a motion to set aside the state court’s default judgment under Federal Rule of Civil Procedure 60(b). Because defendants have not yet filed an appropriate motion under the Federal Rules of Civil Procedures, the court held off ruling on the motion to dismiss. Instead, it took this opportunity to provide defendants with a 20-day deadline to file the appropriate motion under Rule 60(b).

Fourth Circuit

Estate of Richard Jenkins v. American Funds Distributors, Inc., No. 21-cv-03098-LKG, 2025 WL 2653151 (D. Md. Sep. 15, 2025) (Judge Lydia Kay Griggsby). This action arises from a dispute regarding the proceeds of decedent Richard Jenkins’ two life insurance policies and his 401(k) plan. Mr. Jenkins’ estate and his two daughters allege that defendant American Funds Distributors’ payment of the proceeds from these plans to Jenkins’ widow constituted a breach of contract in that it failed to pay the insurance proceeds to his intended beneficiaries. Plaintiffs pointed to the fact that Mr. Jenkins and his surviving spouse executed a prenuptial agreement, in which she renounced and waived any right or interest in Mr. Jenkins’ property and affirmed that no property would be considered marital property. American Funds Distributors moved for summary judgment on this claim. It argued that the breach of contract claim is preempted by Sections 502(a) and 514(a) of ERISA, and that plaintiffs cannot sustain a viable ERISA claim because they failed to exhaust their administrative remedies. Moreover, American Funds Distributors argued that it is not the plan administrator for the plans and thus is not the proper defendant for any potential ERISA claim for benefits under Section 502(a). The court agreed entirely, and for these reasons granted summary judgment in favor of defendant on the breach of contract claim and dismissed the complaint. The court discussed preemption first. It held that the undisputed material facts in this case show that the breach of contract claim is preempted by ERISA as it relates to employee benefit plans, seeks benefits and rights under those plans, and is not capable of resolution without consulting the plans. The court then concluded that even if the breach of contract claim were recast as a claim for benefits under ERISA, the claim would still fail because American Funds Distributors is not a proper defendant under Section 502(a), and plaintiffs clearly failed to exhaust their administrative remedies or even submit a written claim regarding the benefits at issue to the plan administrator before commencing this action. Based on the foregoing, the court concluded there could be no doubt that American Funds Distributors is entitled to summary judgment on plaintiffs’ claim, be it under state law or ERISA.

Eighth Circuit

Metropolitan Life Ins. Co. v. Mundahl, No. 3:24-CV-03029-RAL, 2025 WL 2682509 (D.S.D. Sep. 19, 2025) (Judge Roberto A. Lange). Joye M. Braun was an employee of Indigenous Environmental Network and a member of the Cheyenne River Sioux Tribe. Through her employment Joye was a participant in group insurance plans including a life insurance and accidental death and dismemberment plan sponsored by TriNet HR XI, Inc. Metropolitan Life Insurance Company (“MetLife”) was the claim administrator and provider of benefits under the plan. Joyce died on November 13, 2022 from cardiac arrest due to a COVID-19 infection. Following her death, her two children, Durin Mundahl and Morgan Brings Plenty (and her husband Floyd Braun, whom she was in the process of divorcing), filed competing claims for the life insurance benefits. Despite Joye’s recent designation of her children as her intended beneficiaries, the plan paid benefits to Mr. Braun. In response, the two children sued MetLife and TriNet in Cheyenne River Sioux Tribal Court asserting various common law non-ERISA claims in connection with the plan. MetLife and TriNet then filed this lawsuit in federal court requesting that the court exercise jurisdiction over the disputes because they involve benefits under an ERISA-governed plan. In addition, plaintiffs asked the federal district court to declare the rights and obligations of these parties regarding the benefits at issue, and to enjoin defendants from attempting to assert jurisdiction over them and proceeding with the case in Cheyenne River Sioux Tribal Court. Plaintiffs moved for a preliminary injunction to prevent Joye’s children from proceeding with their action in tribal court during the pendency of this case. The children, on the other hand, wish to proceed with their case in tribal court and to have this federal case dismissed or stayed. As the court explained, “[t]he motions, briefing and hearing in this case presented issues of whether ERISA governs and preempts the common law claims, whether there is tribal court subject matter and personal jurisdiction over the Plaintiffs, whether this Court should defer to the tribal court to make decisions on ERISA preemption and tribal court jurisdiction, and whether the Dataphase factors merit entering a preliminary injunction.” The court discussed each of these issues in this decision, and ultimately granted plaintiffs’ motion for a preliminary injunction and denied defendants’ motion to dismiss or stay this action. To begin, the court agreed with MetLife and TriNet that the life insurance plan is governed by ERISA and that it is not a governmental plan. Next, the court determined that federal courts do not need to defer to a tribal court to adjudicate claims under an ERISA-governed plan. The court said that “[a]llowing a tribal court to adjudicate an ERISA-governed claim defeats the congressional intent to provide an option for a federal forum for all ERISA claims.” Moreover, the court stated that the fact that the children’s tribal court complaint does not plead an ERISA cause of action does not alter this analysis because the state law claims arise from the ERISA plan and are therefore preempted by ERISA. In addition, the court determined that tribal jurisdiction does not exist under Montana v. United States. “This is not a compelling case for tribal court jurisdiction under Montana to justify deference to the Cheyenne River Sioux Tribal Court, particularly under these circumstances where the claims relate to a life insurance benefit under an ERISA-governed plan.” Accordingly, while the principles of comity and tribal exhaustion would generally require the court to abstain from ruling on a pending action in tribal court, the court concluded that these principles did not apply because “the proceeding would be patently violative of express jurisdictional prohibitions.” The court then considered the motion for preliminary injunction under the Dataphase factors. It concluded that each factor supported plaintiffs. First, the court found that plaintiffs have shown a likelihood of success on the merits to the extent they seek declaratory and injunctive relief, as the claims relate to an ERISA-governed plan and are preempted, and because it is proper for the federal district court to consider the case under the scheme Congress established under ERISA. The court, however, offered no comment on the merits of who should receive the life insurance benefits. Next, the court agreed with plaintiffs that they would be harmed by being forced to litigate in the tribal court because that court lacks jurisdiction over the claim brought before it. The court also found that the balance of equities favors plaintiffs, because defendants will not be harmed since they will be able to pursue claims under ERISA in federal court. Finally, the court held that the public interest favors the “uniform regulatory regime over employee benefit plans.” For these reasons, the court found plaintiffs established entitlement to a preliminary injunction because all the Dataphase factors weigh in their favor. The court then imposed a bond equaling the amount of the life insurance policy in dispute. Thus, as explained above, the court denied defendants’ motion to stay or dismiss this action, granted plaintiffs’ motion for preliminary injunction enjoining defendants from pursuing their action in tribal court, and ordered plaintiffs to provide a $40,000 bond as security for the preliminary injunction.

Provider Claims

Ninth Circuit

Fortitude Surgery Center LLC v. Aetna Health Inc., No. CV-24-02650-PHX-KML, 2025 WL 2645516 (D. Ariz. Sep. 15, 2025) (Judge Krissa M. Lanham). Plaintiff Fortitude Surgery Center LLC provided medical services to individuals covered under healthcare plans insured or administered by Aetna Health, Inc. and Aetna Life Insurance Company. In this action the provider alleges that despite Aetna’s representations that it would cover the services Fortitude planned to provide, Aetna serially denied payment on Fortitude’s submitted bills without warning or explanation, in violation of ERISA and state law. Last May, the court dismissed Fortitude’s lawsuit, concluding that it had provided only scant information supporting its claims. The court permitted Fortitude to amend its complaint, instructing it to provide details about the ERISA and the non-ERISA plans at issue, the plan terms covering the services Fortitude provided to the Aetna-members, and the services that Fortitude provided to those patients. Fortitude went on to amend its complaint, but it “largely ignored those instructions” and provided little additional information in its first amended complaint. Because the court once again found that the ERISA claims lack specificity sufficient to survive a motion to dismiss, the court again dismissed them. Specifically, the court noted the absence of plan-specific information and the very limited information provided regarding the plans and treatments at issue. Nevertheless, the court acknowledged that the amended complaint had moved slightly in the right direction by including a list of ERISA members and the cost of services rendered. Given this slight process, the court exercised its discretion to grant the provider one final opportunity to amend its claims under ERISA, and in fact ordered Aetna to provide the relevant plans, since it indicated it was willing to do so. The court also dismissed the state law claims. It declined to exercise supplemental jurisdiction over them because it was dismissing the federal causes of action, and diversity jurisdiction has not been alleged. However, the court also took the opportunity to point out some obvious flaws it observed in these claims, including that “Fortitude has not pleaded the contracts’ language or relevant provisions, any particular promised rate of reimbursement, or the services Fortitude rendered and the dates on which it did so.” The court therefore dismissed the entire action, with leave to amend.

Tenth Circuit

Abira Medical Laboratories LLC v. Blue Cross Blue Shield Okla., No. CIV-24-1365-D, 2025 WL 2654917 (W.D. Okla. Sep. 16, 2025) (Judge Timothy D. DeGiusti). Plaintiff Abira Medical Laboratories LLC is a healthcare provider of clinical lab testing services. In this action, and many others like it, the provider alleges that its claims for benefits were improperly denied and underpaid in violation of ERISA and state law. Defendant Blue Cross Blue Shield of Oklahoma moved to dismiss the complaint for failure to state a claim and for untimeliness under various statutes of limitations. The court granted in part and denied in part the motion to dismiss. To begin, the court found that the complaint sufficiently alleges each of the elements for breach of contract in Oklahoma, as well as plausible claims for ERISA benefits. The court further agreed with Abira that “it would be unduly burdensome to require Plaintiff to allege violations of specific contract language that is most appropriately found in Defendant’s possession.” Moreover, the court concluded that the discovery process will prove illuminating, and will help clarify which claims are governed by ERISA and which by state law. For these reasons, the court denied the motion to dismiss the breach of contract and ERISA causes of action. Next, the court granted the motion to dismiss the implied covenant of good faith claim, stating that a plaintiff “cannot recover for a separate tort arising out of violating the contracts’ implied covenants of good faith.” Because Oklahoma law prohibits the assignment of a tort claim, the court dismissed this claim with prejudice. Finally, the court addressed the timeliness of the negligent/fraudulent misrepresentation, estoppel, and unjust enrichment/quantum meruit claims. It agreed with Blue Cross that it is evident from the complaint that these claims are time-barred under the relevant two-year limitation period. In addition, the court dismissed any alleged contract or ERISA claims that are premised on actions occurring before December 27, 2019, as those claims are time-barred under the applicable five-year statute of limitations. Therefore, as explained above, the court granted in part and denied in part Blue Cross’s motion to dismiss.

Eleventh Circuit

Abira Medical Laboratories, LLC v. Blue Cross Blue Shield of Florida, Inc., No. 3:23-cv-1092-TJC-SJH, 2025 WL 2644763 (M.D. Fla. Sep. 15, 2025) (Judge Timothy J. Corrigan). In this and many other actions of its kind plaintiff Abira Medical Laboratories, LLC alleges that various health insurance providers and healthcare plans have violated ERISA and state law by failing to reimburse it, either in whole or in part, for medically necessary laboratory diagnostic testing it performed on insured patients. This particular case is brought against Blue Cross Blue Shield of Florida, Inc. In a previous decision the court granted Blue Cross’s motion to dismiss Abira’s complaint, but did so without prejudice. In this order the court dismissed Abira’s amended complaint in its entirety, this time with prejudice. The court first began with the ERISA claim. The court’s earlier decision dismissing Abira’s original ERISA claim explained that the complaint provided no specific information or identified “how many of its patients participated in ERISA plans (or even that any did), the terms and conditions of any ERISA plan, what benefits are allegedly due under an ERISA plan, or whether Abira exhausted administrative remedies.” Abira’s amended complaint, the court determined, suffered from all these same defects. In fact, the court stated, “there is hardly any new information at all.” In light of this, the court dismissed the ERISA claim. It then tackled the state law breach of contract, bad faith, quantum meruit, unjust enrichment, and negligence claims. The court found that each one failed as the complaint does not contain allegations that the medical services were covered under any contract, that Abira complied with the statutory pre-notice requirements to bring a statutory bad faith claim, or that quantum meruit, unjust enrichment, and negligence claims are viable under Florida law. Finally, because Abira already had opportunities to amend its pleadings, the court dismissed the action with prejudice.

Another week has passed without any major ERISA rulings from the federal courts. There was still plenty of action, however, including: (1) a ruling that a multiemployer health fund does not have to arbitrate its claims against its administrator over the administrator’s alleged mishandling of claims (Aetna v. Board of Trustees); (2) final settlement approval in a class action alleging SeaWorld breached its fiduciary duties in managing its 401(k) employee retirement plan (Coppel v. SeaWorld); (3) two victories by disability claimants against Unum Life Insurance Company of America (Jahnke v. Unum, Rogers v. Unum); (4) a case where an non-ERISA plan mysteriously turned into an ERISA plan even though none of its terms changed (LaRocque v. LINA); (5) yet another blow to the hot new legal theory contending that employers are breaching their fiduciary duties in their handling of forfeited plan contributions (Dimou v. Thermo Fisher); and (6) an unfortunate reminder than ERISA welfare benefits, unlike pension benefits, are not vested and thus plans can be amended at any time to yank them away (Smith v. Midwest Operating Engineers Pension Fund).

Read on for even more, and we’ll see you again next week.

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

Arbitration

Second Circuit

Aetna Life Ins. Co. v. Board of Trustees of the AGMA Health Fund, No. 3:24-CV-1461 (VDO), 2025 WL 2611947 (D. Conn. Sep. 10, 2025) (Judge Vernon D. Oliver). In July of 2024, the Board of Trustees of the AGMA Health Fund commenced an action in Southern District of New York against Aetna Life Insurance Company under Sections 502(a)(2) and 502(a)(3) of ERISA alleging that Aetna breached its fiduciary duties by failing to timely pay medical claims incurred by plan participants. The New York case was stayed pending resolution of Aetna’s petition to compel arbitration. On June 30, 2025, Magistrate Judge Maria E. Garcia issued a report and recommendation recommending that the petition for an order to compel arbitration be denied. Aetna timely filed objections to the Magistrate’s report. In this decision the court slightly modified the report, but adopted its recommendation to deny Aetna’s motion. Aetna made the following objections to the report: (1) the arbitrator should determine the arbitrability of the Board’s claims in the New York action, not the district court; (2) the Board’s ERISA claims in the New York action did not fall under the arbitration provision’s carve-out; and (3) it is not a plan fiduciary. To begin, the court concluded that the Magistrate Judge properly found that the court, not an arbitrator, should decide arbitrability because there is no evidence of the parties’ clear and unmistakable intent to have arbitrability issues resolved by an arbitrator. Next, the court determined that the report did not err in concluding that the Board’s claims seeking the equitable remedy of surcharge are equitable claims under ERISA which are exempt from arbitration. Because there is no genuine dispute that the Board’s claims do not touch matters covered by the arbitration provision and instead fall within the carve-out, the court adopted the Magistrate’s recommendation to deny Aetna’s petition for an order compelling arbitration. However, the court respectfully disagreed with the Magistrate’s decision on the third issue regarding whether Aetna is a fiduciary. The court stated that such a determination is premature because a court may not rule on the potential merits of the underlying claims. As a result, the court modified this one aspect of the report and recommendation.

Attorneys’ Fees

Eighth Circuit

Wessberg v. Unum Life Ins. Co. of Am., No. 22-94 (JRT/DLM), 2025 WL 2624369 (D. Minn. Sep. 11, 2025) (Judge John R. Tunheim). In July of 2024, the court concluded that Unum Life Insurance Company of America wrongfully terminated plaintiff Ann D. Wessberg’s long-term disability benefits in violation of ERISA after she was diagnosed with bilateral invasive breast cancer. (Your ERISA Watch covered that decision in our July 24, 2024 edition.) In that ruling the court ordered Unum to reinstate Ms. Wessberg’s disability benefits, pay her retroactive benefits owed, and award her reasonable attorneys’ fees, costs, and prejudgment interest. The parties were unable to come to an agreement on the reasonableness of attorneys’ fees or costs, so the court stepped in with this ruling. To begin, the court ordered Unum to pay Ms. Wessberg retroactive benefits in the amount of $663,234.14 and prejudgment interest in the amount of $77,851.17, for a total amount owed of $741,085.31, as these amounts were undisputed among the parties. The court then turned to the more substantial issue of attorneys’ fees. Ms. Wessberg requested $445,488.75 in attorney’s fees. Unum suggested $93,603.59 instead. The court did not award either of these amounts. Rather, it came up with its own figure of $314,440.29. The court first assessed the reasonableness of Ms. Wessberg’s counsel’s hourly rates. It found that the rates of Elizabeth Wright and Christopher Daniels, $390 and $475 per hour respectively, were reasonable given their decades of experience, the prevailing rates in Minnesota, and their work handling complex litigation. However, the court found attorney Michael Rothman’s requested rate of $675 an hour to be slightly elevated, despite his impressive resume. The court instead applied a rate of $550 per hour for Mr. Rothman. Next, the court applied a 50% reduction to the 215.8 hours spent on unsuccessful motions and arguments to expand the administrative record and compel discovery and attempt to procure a bench trial. However, the court disagreed with Unum that any reduction was warranted for any block-billing, time spent on research, or so-called “overlawyering” of the case. The court did, however, reduce the rate for the 16 hours billed for administrative and/or clerical tasks to $185 per hour. Finally, the court applied an overall 15% reduction to the total fee award to account for what it saw as excessive and duplicative time spent on drafting and preparing the pleadings and motions. Applying these reductions, the court was left with its ultimate fee award of $314,440.29, which landed much closer to Ms. Wessberg’s requested amount than to Unum’s. Finally, the court turned to costs. Ms. Wessberg sought $9,797.09 in costs, which Unum argued should be reduced to $430 to account solely for the court filing fee and copying charges. Again, the court adopted neither figure. Instead, it awarded Ms. Wessberg costs totaling $2,698.15. The court reached this number by excluding $2,158.18 in costs that Wessberg’s counsel sought for computer-aided research fees from Westlaw/LexisNexis and PACER, the $132.61 in costs she sought for postage expenses, courier service, and parking expenses, and the $4,807.15 in costs she sought for data storage. The court found that these excluded expenses were either not recoverable costs or else were not proportional to the needs of the case. In sum, the court ordered Unum to pay Ms. Wessberg retroactive benefits owed in the amount of $663,234.14 and prejudgment interest in the amount of $77,851.17, attorney’s fees in the amount of $314,440.29, and costs in the amount of $2,698.15.

Breach of Fiduciary Duty

Sixth Circuit

Ramseur v. Lifepoint Health, Inc., No. 3:24-cv-00994, 2025 WL 2619151 (N.D. Tenn. Sep. 10, 2025) (Judge William L. Campbell, Jr.). Participants in the LifePoint Health 401(k) employee retirement plan allege that there is circumstantial evidence that plausibly suggests that the plan paid unreasonable recordkeeping and administrative costs and that the fiduciaries of the plan failed to engage in a prudent process to evaluate these fees, which constituted breaches of their fiduciary duties of loyalty and prudence under ERISA. Plaintiffs maintain that during the relevant timeframe the plan, which qualifies as a jumbo plan in terms of both assets and number of participants, paid approximately twice as much as comparable plans for the services that were provided. In their complaint plaintiffs list the services that were provided and allege the Lifepoint Plan and the comparator plans were receiving similar services, including in quality. They aver that had defendants conducted a request for proposal during the relevant period it would have resulted in a significant cost reduction. To support this conclusion the plaintiffs pointed to another plan that reduced its recordkeeping expenses by 30% when it changed recordkeepers in 2019 after conducting a request for proposal. Defendants did not agree with these allegations, and moved to dismiss the action. In this concise decision the court denied the motion to dismiss. It wrote, “Defendants’ motion to dismiss repeatedly oversteps the boundaries of Rule 12(b)(6) by improperly weighing the allegations, drawing inferences in their own favor, and inviting the Court to consider matters outside the pleadings.” The court instead adhered to the principles of notice pleading and declined to engage with factual disputes or competing interpretations, and instead assumed that the allegations in the complaint are true. Drawing all reasonable inferences in plaintiffs’ favor, the court was confident that it could plausibly infer that defendants violated their duties of prudence, loyalty, and monitoring regarding the plan’s recordkeeping and administrative costs. As such, the court denied the motion to dismiss.

Ninth Circuit

Dalton v. Freeman, No. 2:22-cv-00847-DJC-DMC, 2025 WL 2605618 (E.D. Cal. Sep. 9, 2025) (Judge Daniel J. Calabretta). This putative class action litigation concerns two stock transactions in the O.C. Communications Employee Stock Ownership Plan (“ESOP”). Relevant to the present decision ruling on defendant Alerus’s motion to dismiss, plaintiff Connor Dalton and Anthony Samano allege that Alerus, as trustee of the ESOP, is liable for breach of the fiduciary duties it owed to the plan participants, approval of a transaction prohibited under ERISA, and for the breach of duties by a co-fiduciary thanks to the 2019 sale, when O.C. Communications’ assets were sold to TAK Communications CA, Inc. for what they allege was less than fair market value, and again in 2020, when the ESOP redeemed shares of O.C. Communications for substantially less than the 2019 purchase price for those shares. Alerus argued that the claims asserted against it are not viable because plaintiffs fail to plausibly allege that it owed a fiduciary duty and because their prohibited transaction claims are time-barred by the three-year statute of limitations. For the most part, the court disagreed. To begin, the court denied the motion to dismiss the breach of fiduciary duty claim related to the 2019 asset sale transaction. It concluded that plaintiffs plausibly alleged that Alerus breached its fiduciary duty when it failed to bring a derivative shareholder suit since it had an obligation as the ESOP trustee to “undertake all appropriate actions to protect the ESOP.” The court then considered plaintiffs’ fiduciary breach claim related to the 2020 redemption transaction and forfeiture of unallocated shares. The court determined that plaintiffs sufficiently alleged facts to state a viable claim that Alerus breached its fiduciary duty based on the failure to acquire fair market value for the shares. The court highlighted plaintiffs’ allegations that in the span of one year between the 2019 sale and the 2020 redemption the value per share dropped from $0.62 to only $0.32, and that this substantial decline in value was seemingly not tied to any obvious business factor. However, the court granted the motion to dismiss the claim as it related to allegations that Alerus breached its fiduciary duty in agreeing to an exchange of unallocated shares for forgiveness of promissory notes. This portion of the claim surrounds allegations that the ESOP overpaid for two promissory notes in 2011. The court stated, “Plaintiffs cannot use the 2020 forfeiture as a window to contest the original value of the shares when they were purchased in 2011.” Accordingly, the motion to dismiss was granted on this basis. The court further dismissed plaintiffs’ fiduciary breach allegations which stemmed from Alerus’s distribution of plan assets and administrative fees. The court held that plaintiffs “failed to identify what fiduciary function Defendant Alerus was engaged in that would create breach of fiduciary duty liability for the distribution of the termination of the ESOP and distribution of its assets.” Having ruled on the fiduciary breach claim, the court turned to the prohibited transaction claim and Alerus’s argument that it is untimely. Plaintiffs did not contest that the three-year statute of limitations has run. Rather, they argued that their claims are timely because they relate back to their initial complaint that was filed within the three-year limitations period. The court agreed, and on this basis denied the motion to dismiss the prohibited transaction claim. Finally, the court granted in part and denied in part the motion to dismiss the derivative breach of co-fiduciary duty claim to mirror its rulings on the underlying fiduciary breach cause of action. Thus, although plaintiffs’ fiduciary breach claims were slightly whittled down, plaintiffs nevertheless maintained all three of their causes of action.

Dimou v. Thermo Fisher Scientific Inc., No. 23-cv-1732-BJC-JLB, 2025 WL 2611240 (S.D. Cal. Sep. 9, 2025) (Judge Benjamin J. Cheeks). Plaintiff Konstantina Dimou initiated this action against her employer, Thermo Fisher Scientific, Inc., and the management pension committee of Thermo’s 401(k) retirement plan in a representative capacity on behalf of the plan, alleging that defendants breached their duties of loyalty and prudence and engaged in prohibited self-dealing in plan assets through the use of forfeited employer contributions. The court previously dismissed Ms. Dimou’s action, with leave to amend. She did so, and defendants once again moved for dismissal. In this decision the court granted the motion to dismiss, this time with prejudice. In its previous dismissal order the court rejected Ms. Dimou’s theory that Thermo’s self-interested use of forfeitures to reduce its own contribution expenses violated ERISA. Ms. Dimou’s amendments failed to change the court’s mind. The court wrote that her “interpretation of ERISA requiring fiduciaries to discharge their duties ‘solely in the interest of the participants and beneficiaries’ by ‘maximiz[ing] pecuniary benefits’ whenever ‘a fiduciary exercises discretionary control over a plan’ is unavailing.” Such a view, the court stated, “flies in the face of decades of ERISA practice” and conflicts with “the settled understanding of Congress and the Treasury Department regarding defined contribution plans.” Considering the court’s views, it was unsurprising that it dismissed the breach of loyalty and breach of prudence claims. And because the court already afforded Ms. Dimou the opportunity to amend her complaint, it concluded that further amendment would be prejudicial to defendants. Moreover, the court stressed that because the ERISA claims “rest on a novel legal theory that is unsupported by present law,” it saw amendment as fundamentally futile. Thus, the court dismissed the fiduciary breach claims without further leave to amend. The court’s dismissal of the prohibited transaction claim was likewise with prejudice. As far as the self-dealing claim was concerned, the court emphasized that Ms. Dimou failed to identify a “transaction,” and flatly rejected her argument that Section 1106(b) can also apply to non-transactional self-dealing with account assets. For these reasons, the court granted the motion to dismiss entirely, dismissing the action with prejudice.

Class Actions

Ninth Circuit

Coppel v. SeaWorld Parks & Entertainment, Inc., No. 21-cv-1430-RSH-DDL, 2025 WL 2617246 (S.D. Cal. Sep. 10, 2025) (Judge Robert S. Huie). Plaintiffs in this ERISA class action are former employees of SeaWorld Parks and Entertainment, Inc. and participants in SeaWorld’s 401(k) retirement savings plan. Plaintiffs commenced their action in 2021 alleging that the fiduciaries of the plan were breaching their duties under ERISA which resulted in high costs and poorly performing investment options. On May 8, 2024, the court granted plaintiffs’ motion to certify three subclasses of plan participants. A few months later, the parties notified the court they had reached a settlement. In exchange for class members releasing their claims, the SeaWorld defendants agreed to pay a gross settlement amount of $1,250,000. On May 8, 2025, the Court granted preliminary approval of the settlement (Your ERISA Watch reported on this ruling in our May 14, 2025 edition), and on August 28, the final approval hearing was held. Accordingly, all that remained was the final step of ruling on plaintiffs’ unopposed motion for final approval of class action settlement, as well as their motion for attorneys’ fees and costs, service awards, and settlement expenses. The court accomplished that final step in this decision granting the motion and approving the settlement. In its preliminary decision, the court determined that the settlement was fair, reasonable, and adequate under the Rule 23(e) factors. In the absence of any evidence to the contrary, the court reaffirmed “its previous analysis and conclusions as to these factors.” Moreover, the fact that only one class member out of the 25,654-member class filed an objection to the settlement, led the court to conclude that the reaction of the class members further supports granting final approval of the settlement. Accordingly, the court granted final approval of the settlement. The court then discussed plaintiffs’ motion for attorneys’ fees and costs. The court found that the results achieved when weighed against the risks of continued litigation, the fact that counsel took the case on a contingent fee basis, and the lodestar cross-check all supported an attorneys’ fee award at 30% of the gross settlement funds, for a total of $375,000. In addition, the court awarded counsel the full requested amount of $273,540 in costs consisting of filing fees, runner services, research, mailing costs, travel fees, mediation fees, and expert fees. Next, the court took up the issue of incentive awards. Plaintiffs requested an incentive award in the amount of $7,500 for each of the five named plaintiffs, totaling $37,500. The court concluded that this amount was too high as it amounts to 3% of the gross settlement amount in the aggregate, and as it would put the named plaintiffs in a starkly different position from the other members of the class. For these reasons, the court decided to adjust the incentive award downward to reduce each named plaintiffs’ award to $5,000 instead. Finally, the court approved class counsel’s request for $74,500 in settlement administration costs, $1,500 in recordkeeper fees and expenses, and $17,500 in costs for the evaluation of the settlement by an independent fiduciary, concluding that the request was reasonable. Based on the foregoing, the court granted the motion for final approval of the settlement and approved of the settlement agreement with the slight modification of the service awards.

Disability Benefit Claims

First Circuit

Rogers v. Unum Life Ins. Co. of Am., No. 1:22-CV-11399-AK, 2025 WL 2625324 (D. Mass. Sep. 11, 2025) (Judge Angel Kelley). In July 2022, plaintiff Robert M. Rogers, Ph.D. filed this action challenging Unum Life Insurance Company of America’s denial of his claim for long-term disability benefits. On October 9, 2024, the court issued an order granting in part and denying in part the parties’ cross-motions for summary judgment and remanding to Unum for further administrative proceedings. In that order the court held that Unum’s letters to Dr. Rogers were deficient in several ways, including their failure to meaningfully engage with the opinions of his treating physicians, their heavy reliance on the absence of objective findings, their failure to afford any weight to Dr. Rogers’ subjective symptoms, and their failure to link the medical findings to the actual demands of Dr. Rogers’ occupation as a senior scientist. On remand, Unum issued a revised determination letter which again denied Dr. Rogers’ claim. Dr. Rogers felt the revised letter suffered from the same flaws as before and that its denial once again lacked a reasoned basis. In this decision the court agreed that there were continued deficiencies in the revised letter, that these deficiencies were not minor, and that Unum’s denial was arbitrary and capricious. Although the court stated that the remand decision remedied some of the shortcomings it had previously identified “in form,” it stated that it did not do so “in substance.” The court held that Unum continued to discount the opinions of Dr. Rogers’ providers without adequate explanation, and again put undue emphasis on the absence of certain objective test results, “without addressing the clinical reality that fatigue, pain, and reduced stamina, central to Dr. Rogers’s disability, are inherently subjective but nonetheless medically significant.” Moreover, the court said that Unum offered no persuasive explanation for how Dr. Rogers could be deemed unable to work “for purposes of short‑term disability, FMLA, and Social Security, yet simultaneously capable of performing his occupation for LTD purposes during the same timeframe.” It added that “[t]his unexplained inconsistency undermines the reasonableness of the LTD denial.” And again, the court criticized the fact that Unum classified Dr. Rogers’ occupation as “light work” without closely scrutinizing the actual cognitive and physical demands of his role. Finally, the court found a recent decision out of the Western District of Pennsylvania persuasive and helpful. In that decision the court criticized Unum’s record-only review, its decision to discount evidence as not time-relevant, and its selective review of the medical record. To the court, those same issues were present here. “Although Mundrati arose in a different jurisdiction and under a different factual record, its reasoning underscores the importance of transparent engagement with treating-source opinions and the impropriety of unexplained discounting of relevant medical evidence. The parallels here reinforce the conclusion that Unum’s decision was arbitrary and capricious.” Taken as a whole, the court found that the record clearly demonstrates that Unum has failed to provide Dr. Rogers with a full and fair review, even during its remand opportunity. As a result, the court determined that the record “supports only one conclusion: Dr. Rogers was disabled, as defined by the Policy, during the elimination period,” and that he is therefore entitled to an award of long-term disability benefits. The court ended the decision stating it would entertain a motion for attorneys’ fees and costs, and provided Dr. Rogers until September 18 to file such a motion.

Sixth Circuit

Jahnke v. Unum Life Ins. Co. of Am., No. 24-10274, 2025 WL 2603390 (E.D. Mich. Sep. 9, 2025) (Judge Judith E. Levy). The termination of plaintiff Marla N. Jahnke’s long-term disability benefits by Unum Life Insurance Company of America led to this litigation. Dr. Jahnke is a pediatric dermatologist who became disabled from a variety of symptoms following the birth of her second child in June of 2019. After Dr. Jahnke gave birth to her second child she reported pelvic pain and was twice hospitalized. She was then put on bedrest for eight months. Citing this issue, as well as generalized weakness, fatigue, and joint dysfunction, Dr. Jahnke applied for disability benefits under her two policies with Unum. Unum originally approved the claim. However, in December of 2021, the insurer determined that Dr. Jahnke was no longer disabled as defined by her policies. Following an unsuccessful appeal, Dr. Jahnke commenced this lawsuit. The parties each moved for judgment based on the administrative record. In addition, Unum moved to dismiss Dr. Jahnke’s state law breach of contract claims, arguing that ERISA preempts them. Dr. Jahnke did not respond to defendant’s preemption arguments. Concluding that this non-response constituted waiver, the court granted the motion to dismiss the state law claims. However, as to the core issue of whether as of December 1, 2021, Dr. Jahnke was disabled under her two policies, the court issued judgment in plaintiff’s favor and reversed Unum’s decision. Upon de novo review of the record, the court concluded that a preponderance of the evidence supports Dr. Jahnke’s position that her medical conditions left her unable to perform the occupational duties of a pediatric dermatologist. The court noted that plaintiff pointed to “ample evidence to demonstrate” that after the date her benefits ended she remained qualified as disabled under her policies and that her treating physicians supported her restrictions and limitations. Moreover, the court agreed with Dr. Jahnke that there were flaws in the reports of Unum’s consulting doctors, including scant analysis of her fatigue, lacking explanations as to why they believed she could perform the duties of her work, and cursory analysis of the medical records. Further, the court rejected Unum’s assertion that because Dr. Jahnke does not have a clear diagnosis for her symptoms that means she cannot meet her burden of proof. The court noted that “[t]he record includes more than her subjective reports,” but also stated that it would not simply reject her subjective complaints out of hand. In conclusion, the court found, “Plaintiff has demonstrated that her issues with fatigue and endurance prevent her from performing her occupational duties. At the time her benefits were denied, her providers documented objective support for her claim, including with respect to fatigue and endurance. Defendants’ file reviews, which, as set forth above, were flawed in a variety of important respects, do not undermine that conclusion. Plaintiff was entitled to benefits under the two policies. Accordingly, Plaintiff’s Motion is granted.” Finally, the court ended its decision by ordering the parties to submit a proposed judgment.

Discovery

Sixth Circuit

Klusmann v. AT&T Umbrella Benefit Plan No. 1, No. 5:24-CV-1295, 2025 WL 2615913 (N.D. Ohio Sep. 10, 2025) (Judge Pamela A. Barker). This case concerns the denial of plaintiff Todd Klusmann’s claim for long-term disability benefits under the AT&T Umbrella Benefit Plan by defendants AT&T Services, Inc. and Sedgwick Claims Management Services, Inc. Before the court here was Mr. Klusmann’s motion for discovery, which the court denied. To begin, the court concluded that he did not produce sufficient evidence that defendants’ conflict of interest or bias adversely affected his claim to justify discovery. Although the court agreed with Mr. Klusmann that evidentiary showing is not always required in the Sixth Circuit, it nevertheless decided to exercise its discretion here to require it. The court then stated that the facts Mr. Klusmann presented were insufficient to show that he had a colorable procedural or bias claim. The court concluded that Mr. Klusmann was not entitled to discovery into bias because he only proffered evidence that the doctors defendants hired to review his claim were being paid for their services. “To allow discovery in such circumstances would require discovery in all ERISA cases, transforming the exception into the rule, and decimating case law underscoring the limited nature of ERISA discovery.” Further, the court declined to permit discovery based on defendants’ failure to timely issue a decision on his claim for benefits. While the court agreed with Mr. Klusmann that he made a colorable procedural challenge, it nevertheless denied discovery based on the procedural failing because it determined that he did not show how any of his proposed discovery requests were relevant to that procedural challenge. The court wrote, “Klusmann fails to show how his Proposed Discovery Requests are relevant to his procedural defect or irregularity claim. Interrogatory Nos. 2, 3 and 4, Request for Production No. 2, and Request for Admission Nos. 1-3 are not relevant even though Klusmann is correct that a defect in the claims administration process can impact the standard of review, because he does not show how an inquiry into the training background of the individual employees involved in processing his LTD denial relates to any procedural challenge he advances to support his ERISA claim… Request for Admission Nos. 4 and 5 are likewise irrelevant… because they ask Defendants to admit how they would treat a hypothetical claimant who files an untimely appeal, which Klusmann did not do.” Thus, the court found that none of Mr. Klusmann’s proposed discovery requests were within the scope of discovery of this case. As a result, the court denied his motion.

ERISA Preemption

Second Circuit

Doolittle v. Hartford Financial Services Group, Inc., No. 1:25-cv-00148 (BKS/TWD), 2025 WL 2577213 (N.D.N.Y. Sep. 5, 2025) (Judge Brenda K. Sannes). This dispute arises from defendant Hartford Financial Services Group, Inc.’s decision to withhold plaintiff Micky R. Doolittle’s long-term disability payments to recover an alleged overpayment of benefits. Mr. Doolittle maintains that Hartford is wrongfully withholding his benefit payments given the fact that he and Hartford reached an agreement in 2022 wherein he paid a single lump sum payment of $10,000 based upon an understanding that the remaining overpayment balance would be waived in exchange. After exhausting his administrative appeals processes to challenge the decision to withhold his disability benefit payments, Mr. Doolittle filed an action against Hartford, pro se, in New York state court asserting two state common law claims for breach of contract and bad faith. Hartford removed the action based on diversity of citizenship between the parties and preemption under ERISA. Presently before the court was Hartford’s motion to dismiss the complaint pursuant to express preemption under ERISA Section 514(a). Because there was no dispute that the long-term disability policy is governed by ERISA, the court considered whether the two state law claims relate to the ERISA plan. It found they both did. First, the court agreed with defendant that the breach of contract claim is preempted because it is based on Hartford’s allegedly improper recovery of Mr. Doolittle’s long-term disability insurance benefits due to an overpayment under the ERISA-governed policy. Calculating any potential recovery for this claim, the court determined would necessarily require reference to the policy and would relate to the terms of the employee benefit plan. As a result, the court agreed with Hartford that the claim is preempted. Second, the court found that the common law bad faith claim is similarly preempted because it “is based on the same set of allegations as Plaintiff’s breach of contract claim.” Accordingly, the court granted the motion to dismiss the two state law claims. However, in view of Mr. Doolittle’s pro se status, the court felt it was appropriate to allow him the opportunity to amend his complaint to assert a new claim or claims under ERISA to challenge this same behavior. Thus, the complaint was dismissed without prejudice, and the court granted Mr. Doolittle time to amend his complaint should he wish to do so.

Life Insurance & AD&D Benefit Claims

Third Circuit

Pitsko v. Gordon Food Services, Inc., No. 3:24cv1055, 2025 WL 2627694 (M.D. Pa. Sep. 11, 2025) (Judge Julia K. Munley). This lawsuit arises from three major life events for the Pitsko family: (1) the father Michael’s workplace injury; (2) the termination of his employment with Gordon Food Services, Inc.; and (3) his subsequent death. Michael’s widow, Deniz, brings this action against Gordon and Hartford Life and Accident Insurance Company on behalf of herself and her minor son, Jacob, seeking benefits she alleges were wrongfully denied. Ms. Pitsko alleges that Hartford improperly reduced Michael’s long-term disability benefits by offsetting them against Jacob’s dependent benefits. In addition, she alleges that Hartford wrongfully determined that no life insurance benefits were payable upon Michael’s death. Ms. Pitsko also contends that she and her husband never received a copy of the selected benefits or instructions for continuing Michael’s benefits, despite written requests for these documents. In her action, Ms. Pitsko asserts four causes of action: (1) claims for benefits under Section 502(a)(1)(B); (2) claims for breach of fiduciary duty seeking equitable relief under Section 502(a)(3); (3) a claim alleging improper offset of Michael’s long-term disability benefits by Jacob’s dependent benefits; and (4) breach of contract under Pennsylvania law. Defendants moved to dismiss the action and also sought to strike Ms. Pitsko’s jury trial demand. The court granted in part and denied in part the motions to dismiss, and granted the motion to strike the jury demand. To begin, the court denied the motion to dismiss the claim for the life insurance waiver of premium benefit. The court found that there exists a genuine factual dispute as to whether Michael paid his life insurance premiums beyond October 2017, which cannot be resolved on a motion to dismiss. Next, the court disagreed with defendants that the fiduciary breach claims under Section 502(a)(3) were duplicative of the claims for benefits under Section 502(a)(1)(B). “Here plaintiffs’ breach of fiduciary duty claim may rest on defendants’ alleged misrepresentations regarding Plan information, which prevented the Pitskos from taking the steps necessary to continue Michael’s life insurance coverage under the Plan. These allegations are distinct from the Pitskos’ claim for wrongful denial of benefits. Whether Counts I and II are ultimately duplicative, and whether relief under Section 502(a)(1)(B) is available, are questions that must be determined after discovery and are best resolved at the summary judgment stage.” However, the court dismissed all of the claims related to the offset of Jacob’s dependent benefits against Michael’s long-term disability benefits. It determined that the reduction was proper under the unambiguous terms of the policy, as the plain language regarding offsets in the plan is not subject to reasonable alternative interpretations. The court also dismissed the state law breach of contract claims as these claims inarguably relate to the plans and are therefore preempted by ERISA. Finally, because the court dismissed the state law causes of action, it also granted defendants’ concurrent request to strike Ms. Pitsko’s jury demand. Accordingly, as explained above, the court granted parts of defendants’ motions to dismiss, but also left much of plaintiff’s complaint intact.

Pension Benefit Claims

Fourth Circuit

Nordman v. Tadjer-Cohen-Edelson Associates, Inc., No. DKC 21-1818, 2025 WL 2597399 (D. Md. Sep. 9, 2025) (Judge Deborah K. Chasanow). Plaintiff Yehuda Nordman brought this ERISA action against his former employer, Tadjer-Cohen-Edelson Associates, Inc., the Tadjer-Cohen-Edelson Associates, Inc. 401(k) Profit Sharing Plan, and the plan’s administrator, along with some other individual fiduciary defendants. Following rulings on defendants’ motions to dismiss and motions for summary judgment, Mr. Nordman was left with two causes of action: (1) a claim for pension benefits under the profit sharing plan, and (2) a claim for statutory penalties with respect to defendants’ failure to provide him with the 2017-2018 and 2018-2019 Employee Stock Ownership (“ESOP”) summary annual reports and for failure to provide summary plan descriptions and other documents for the profit sharing plan. The bench trial in this case was held on December 16, 2024. It is evident from this decision that the court was displeased with the behavior of plaintiff’s counsel. The court called his approach to litigation obligations “lackadaisical” and called out the numerous missed deadlines and the “squandered” opportunity to disclose documents and present greater evidence at trial. In the end, these shortcomings came back to haunt Mr. Nordman, as this decision did not turn out much in his favor. The court began with the claim seeking payment of pension benefits under the profit sharing plan in the amount of $571,209.67. The court stated that it was Mr. Nordman’s burden to prove that he is a participant in the pension plan. “Although he was an eligible employee when hired, he clearly waived his right to participate at that time. Other than himself, no one testified to any efforts, after the waivers, by him to become a participant.” The court went on to say that Mr. Nordman’s evidence that he changed his mind after signing the waiver and requested to become a member of the plan was simply unconvincing given the lack of evidence he put forward. “Mr. Nordman did little to no discovery, has produced no documents for trial, and simply asserts that he must be a participant because he says that he received statements over the years seeming to reflect his participation. He has not produced any admissible documentation in an area where documentation should undoubtedly be available. His effort to put the burden on Defendants to disprove his assertions is obviously misplaced, as is his reliance on the doctrine of laches. It is, and always has been, his burden to prove his status; not theirs to disprove it. Without more, the court finds that he has failed to prove that he was a participant in the PS Plan.” As a result, the court entered judgment in favor of defendants on the claim under Section 502(a)(1)(B). The statutory penalties claim was a different matter, however. Because it was clear that defendants did not provide the requested documents for approximately four years, the court concluded that Mr. Nordman was entitled to a monetary penalty. Nevertheless, when the court factored in that Mr. Nordman did not brief the amount of statutory penalty despite being provided the opportunity to do so, it decided to exercise its discretion to award far less than the maximum penalty. Instead, the court chose to award Mr. Nordman the sum of $14,800, representing approximately $10 per day. For these reasons, judgment was entered in favor of Mr. Nordman on the portion of his statutory penalties claim relating to the delay in providing the ESOP documents, although not for the portion of the claim that related to the plan in which he was found not to be a participant thanks to waiver. Accordingly, other than a small statutory penalty award, Mr. Nordman was ultimately unsuccessful in his ERISA challenge, and judgment was otherwise entered in favor of defendants.

Seventh Circuit

Smith v. Midwest Operating Engineers Pension Fund, No. 23-cv-4552, 2025 WL 2614675 (N.D. Ill. Sep. 10, 2025) (Judge Jeffrey I. Cummings). On August 4, 2020, plaintiff James P. Smith filed an ERISA action against the Midwest Operating Engineers Pension Fund and the Board of Trustees of the Midwest Operating Engineers Pension Fund alleging wrongful termination of his total and permanent disability pension benefits. On February 28, 2022, the district court judge assigned to the case at that time held that the Fund’s termination of Mr. Smith’s benefits was arbitrary and capricious “because it was based on Smith’s lack of Social Security Disability award, which – at that time – was not a condition to the continued receipt of benefits under the Plan.” The judge then entered judgment in favor of Mr. Smith and remanded to the Fund’s review panel to either reinstate his benefits or to adequately explain why his disability had ceased pursuant to the terms of the plan. While the parties were still working through the remand, the Fund informed Mr. Smith that it had amended the plan to state that a participant’s disability benefits will be terminated if the participant loses his or her Social Security disability award. Because Mr. Smith’s Social Security disability award had ended, the Fund terminated his benefits effective October 2022. In response, Mr. Smith brought new ERISA claims against defendants to challenge their actions. Mr. Smith now brings claims for wrongful denial of benefits, violation of ERISA’s anti-cutback rule, and breach of fiduciary duty, and seeks reinstatement of his disability pension benefits from October 2022 onward. Defendants moved to dismiss Mr. Smith’s anti-cutback and fiduciary breach claim. The court granted the motion in this decision. Beginning with the anti-cutback claim, the court agreed with the Fund that “even though the All Work Total Disability benefits are provided for in the Fund’s master pension plan, because Smith’s disability is the very reason for those benefits, the disability benefits are welfare benefits that are not subject to the anti-cutback rule.” Moreover, the court noted that the former district judge already determined in an earlier decision that Mr. Smith’s disability pension benefits did not vest and thus would not be subject to the anti-cutback provision. The court therefore held that Mr. Smith failed to state a claim for violation of ERISA’s anti-cutback rule. Next, the court concluded that Mr. Smith could not plead a fiduciary breach violation based on the plan amendments. It stated, “it is well settled that ‘amendments to plans are not actionable under ERISA’s fiduciary obligations.” Further, the court held that any claim for breach of fiduciary duty for the Fund’s termination of Mr. Smith’s benefits based on the amendment would be duplicative of his claim for wrongful denial of benefits under Section 502(a)(1)(B). Finally, the court reiterated that the disability pension benefits are non-vested and that the plan does not proscribe amendments related to non-vested retirement benefits. For these reasons, the court granted defendants’ motion to dismiss these two causes of action. The court dismissed both claims with prejudice and it concluded that amendment would prove futile.

Plan Status

Ninth Circuit

LaRocque v. Life Ins. Co. of N. Am., No. 5:25-cv-02522-PCP, 2025 WL 2597399 (N.D. Cal. Sep. 8, 2025) (Judge P. Casey Pitts). Plaintiff Trevor LaRocque filed this lawsuit against Life Insurance Company of North America (“LINA”) to challenge its denial of his claim for long-term disability benefits. Mr. LaRocque originally asserted state law claims only, alleging that LINA’s denial constituted a breach of contract and a breach of the implied covenant of good faith and fair dealing. However, after LINA moved to dismiss those claims on the ground that they are preempted by ERISA, Mr. LaRocque filed an amended complaint asserting those same state law claims while also asserting a claim for benefits under ERISA in the alternative. LINA subsequently moved to dismiss the state law claims, contending again that they are preempted by ERISA. The parties do not dispute that the state law claims are preempted if the LINA policy is governed by ERISA. Rather, the parties disagree regarding the legal question of whether the LINA policy is part of Mr. LaRocque’s employer’s larger ERISA plan, and thus governed by ERISA, or whether it is separate. Mr. LaRocque maintains that the policy is separate from his employer’s larger ERISA-governed welfare plan because at the time it was issued it was not part of the larger plan and only covered partners such as Mr. LaRocque, not employees. LINA countered that by the time Mr. LaRocque’s claim accrued, his employer, PricewaterhouseCoopers LLP, intended for the policy to be part of its ERISA welfare plan and had integrated it into the broader plan. For four reasons, the court agreed with LINA that the non-ERISA policy became part of the ERISA plan, and subject to the requirements and preemptive effect of ERISA, after PricewaterhouseCoopers integrated it into the broader ERISA-governed plan in 2022. “First, the statutory definition of ‘employee welfare benefit plan’ includes any plan ‘established or maintained’ by an employer. 29 U.S.C. § 1002(1). By considering not only the purpose for which a plan was established but also the purpose for which it was maintained, this statutory language suggests that whether a policy is governed by ERISA should not be determined solely by the circumstances of its creation.” Second, the court noted that in other decisions the Ninth Circuit has emphasized that while the employer’s intent to constitute a single integrated plan is not dispositive it is a relevant factor that must be considered. Third, the court highlighted that the benefit policies here are intertwined as evidenced by the 2022 and 2023 amendment documents, which indicate and suggest that they constitute a single overall benefit plan. Finally, fourth, the court stated that “a rule that the circumstances at the time of a policy’s establishment are dispositive could be easily circumvented by employers seeking to create a single integrated ERISA-governed plan for employees and non-employees. In this case, for example, LINA could simply have allowed its older Policy to lapse and then purchased a new LTD policy for its partners that was part of the Plan from the time of its establishment. It is hard to see why employers should be required to undertake such a step to effectuate their intent to create a single integrated ERISA plan.” Under the circumstances, the court determined that the policy was part of the larger welfare ERISA plan at the time Mr. LaRocque’s claim for benefits arose. As a result, the court agreed with LINA that his claim is governed by ERISA and his state law causes of action are preempted. Accordingly, the court granted the motion to dismiss the breach of contract and breach of the covenant of good faith and fair dealing claims with prejudice, which left Mr. LaRocque only with his alternatively asserted claim under ERISA. (Disclosure: Mr. LaRocque is represented in this case by Kantor & Kantor LLP.)

Pleading Issues & Procedure

Eighth Circuit

Kotalik v. UnitedHealth Group Inc., Nos. 25-cv-01751 (ECT/ECW) & 25-cv-02191 (ECT/ECW), 2025 WL 2581705 (D. Minn. Sep. 5, 2025) (Magistrate Judge Elizabeth Cowan Wright). Over the course of one month two putative class actions were filed against UnitedHealth Group Inc. and the Administrative Committee for the UnitedHealth Group 401(k) Savings Plan alleging that United’s use of forfeited contributions was in violation of its fiduciary duties under ERISA. Given the similarities between the two lawsuits, the plaintiffs moved to consolidate their related actions, to file a consolidated complaint, and for the appointment of Paul M. Secunda of Walcheske & Luzi, LLC and Gerald D. Wells, III of Lynch Carpenter, LLP as interim co-lead counsel. Defendants did not object to consolidation for pre-trial purposes or to the appointment of the attorneys as interim lead co-counsel. However, they opposed the motion insofar as it sought consolidation of the related actions for trial, and they further opposed captioning the consolidated related actions as “In re UnitedHealth ERISA 401(k) Litigation.” In this order the court overruled defendants’ objections and granted the motion, ordering the two lawsuits consolidated for trial and well as pretrial purposes, appointing lead co-counsel, and captioning the action with the “In re” caption. To begin, the court held that the common question of law or fact requirement of Rule 42(a) was met because the related cases involve similar allegations relating to how defendants used forfeitures and whether such usage violates ERISA. Moreover, the court was confident that consolidation will promote efficiency as it will avoid duplicative motions and duplicative discovery. And although defendants argued that consolidation of the cases for the purposes of trial would be premature, the court saw no reason why it should not consolidate given “the clear and undisputed efficiencies.” The court also disagreed with defendants that using the “In re UnitedHealth ERISA 401(k) Litigation” caption is inconsistent with Federal Rule of Civil Procedure Rule 10. To the contrary, the court stated that cases in the district are routinely given an “In re” caption, including ERISA cases. Next, the court appointed the interim class counsel for the putative class, concluding that counsel are experienced in complex ERISA class actions and that both law firms have sufficient resources to serve as co-lead counsel. In sum, the court determined that it was in the interests of both parties to consolidate the actions. It therefore granted plaintiffs’ motion requesting consolidation as explained above.

Retaliation Claims

First Circuit

Byrd v. Mott MacDonald Grp., Inc., No. 2:23-cv-00431-SDN, 2025 WL 2624384 (D. Me. Sep. 10, 2025) (Judge Stacey D. Neumann). In 2020 plaintiff Kenneth Byrd was diagnosed with mouth cancer. He received intensive cancer treatments over the next year and took a medical leave of absence from his work at the engineering and development firm Mott MacDonald Group, Inc. Mr. Byrd returned to work in 2022, but the cancer treatments left him without teeth and impacted his ability to speak and eat. Less than a year after returning to work, Mott MacDonald notified Mr. Byrd that the field services division would be eliminated and that his position as Senior Vice President of Field Services would also be eliminated as of January 1, 2023. Mr. Byrd then became an in-house consultant with the company, which was not a salaried position as his previous one had been. In February 2023, Mr. Byrd took another medical leave of absence and applied for short-term disability benefits. Under the company’s short-term disability plan full-time salaried employees are entitled to a “top off” benefit wherein Mott MacDonald pays an additional benefit on top of what the insurance provider covers. Because Mr. Byrd was no longer in a full-time salaried position, he was not eligible for this additional benefit, and he was also no longer entitled to employer contributions to his retirement plan. In the end, Mott MacDonald never eliminated its field services division, and in the fall of 2023, it hired a new person to serve as Senior Vice President of Field Services. In this action, Mr. Byrd alleges that Mott MacDonald violated federal and state employment law. He asserts eight causes of action under the Family Medical Leave Act (“FMLA”), the Massachusetts Paid Family and Medical Leave Act, ERISA, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), an and the Massachusetts Fair Employment Practices Act. Mott MacDonald moved to dismiss all eight counts for failure to state a claim. The court granted the motion entirely in this decision. First, the court dismissed the FMLA interference and retaliation claims, determining that the one-year period between Mr. Byrd’s protected leave and his demotion was too remote in time to plausibly infer that the adverse employment action was retaliatory. For much the same reason, the court also dismissed the state Family and Medical Leave claim. As for the Section 510 ERISA claim, the court agreed with Mott MacDonald that the complaint offered only “labels and conclusions” without alleging enough facts to infer that the employer had the specific intent to interfere with Mr. Byrd’s ERISA rights, or even for that matter that the “top off” benefit was governed by ERISA. Finally, the court dismissed the three discrimination claims as it was clear that Mr. Byrd failed to timely file a complaint of discrimination with the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission. Accordingly, the court granted Mott MacDonald’s motion and dismissed all of Mr. Byrd’s claims.

Third Circuit

Delp v. Hexcel Corp., No. 3:25-cv-00233, 2025 WL 2618766 (M.D. Pa. Sep. 10, 2025) (Judge Robert D. Mariani). Plaintiff Russell Delp was hired as a machine operator by defendant Hexcel Corporation in late 2012. This lawsuit stems from Hexcel’s termination of Mr. Delp twelve years later during a period when he was experiencing mental health issues, took leave under the Family Medical Leave Act (“FMLA”), and received short-term disability benefits. Mr. Delp alleges that Hexcel forced him to take continuous leave under the threat of termination and failed to notify him of his rights and responsibilities under FMLA and that such conduct interfered with his FMLA rights. In addition, Mr. Delp argues that he was fired after he applied for short-term disability benefits in violation of ERISA Section 510. Mr. Delp contends that his former employer must be equitably estopped from terminating him, because his reliance upon Hexcel’s representations inequitably led to his termination. Defendant moved to dismiss Mr. Delp’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). It argued that the complaint fails to state a viable claim under FMLA or ERISA, and that he cannot state a claim for common law equitable estoppel because this doctrine is not an exception to the employment at-will doctrine under Pennsylvania law. The court agreed in part and disagreed in part. To begin, the court allowed some of Mr. Delp’s FMLA interference claim to continue to discovery. Specifically, the court found that Mr. Delp alleged “sufficient factual content to plausibly state a claim for interference under the FMLA based on the failure to advise and provide the required notices that his leave fell under the FMLA and/or that his FMLA leave had expired.” To the extent the court dismissed aspects of Mr. Delp’s FMLA claim, its dismissal was without prejudice. Next, the court granted the motion to dismiss the equitable estoppel claim. It agreed with Hexcel that the claim could not survive because Mr. Delp does not allege the existence of any employer contract between him and the corporation. “Plaintiff’s allegations that Defendant Hexcel is equitably estopped from terminating his employment based on alleged promises and misrepresentations fails at a matter of law.” Finally, the court dismissed the ERISA interference and retaliation claim as currently pled. It again agreed with defendant that the complaint lacks any factual content to plausibly demonstrate that Hexcel had the specific intent to violate ERISA by firing him after he applied for disability benefits. Again, the dismissal of this cause of action was without prejudice and Mr. Delp may amend his complaint to assert new details in support of his claim should he so desire. For these reasons, the court granted in part and denied in part the motion to dismiss.

Fourth Circuit

Johnson v. United Parcel Service, Inc., No. 1:24-CV-121, 2025 WL 2615053 (N.D.N.C. Sep. 10, 2025) (Judge Catherine C. Eagles). Plaintiff Bryan Johnson commenced this wrongful termination, discrimination, and retaliation lawsuit against his former employer, United Parcel Service (“UPS”), after he was fired shortly before his retirement benefits vested. However, because it was undisputed that UPS fired Mr. Johnson after credible and serious allegations of sexual harassment, and because UPS put forward unrebutted evidence that it did not terminate Mr. Johnson for the purpose of interfering with his pension rights, the court concluded that there was a legitimate and non-discriminatory reason for the firing and that UPS is entitled to summary judgment in full. With regard to the ERISA Section 510 claim specifically, the court noted that “[b]ecause Mr. Johnson was only two months away from his retirement benefits vesting, UPS offered him a part-time position at a different location until his benefits vested,” but “Mr. Johnson declined the part-time position and was terminated on March 20, 2023, at the age of 54.” Because of this, the court concluded there was no evidence that Mr. Johnson was discharged in order to prevent him from receiving his full retirement benefits in violation of ERISA. Accordingly, the court entered judgment in favor of UPS on the age discrimination, wrongful discharge, and ERISA claims, and terminated the action.

While there was no notable decision this week, plenty of interesting issues percolated through the federal courts. Read on for the following: (1) the latest installment in the legal war between pharmacy benefit managers and the State of Arkansas over that state’s efforts to rein them in (Central States v. McClain); (2) the finalization of a $4.6 million class action settlement regarding Aetna’s allegedly unlawful imposition of administrative fees for chiropractic and physical therapy services (Peters v. Aetna); (3) a case addressing whether ERISA preempts claims by an insurer against a provider for fraudulent billing practices (Horizon v. Arsenis); (4) a case discussing whether a court has jurisdiction under ERISA over a benefits claim arising under the Railway Labor Act (Eldredge v. American Airlines); (5) two skirmishes in the ongoing battle over whether employers can off-load their pension obligations to retirement services company Athene (Piercy v. AT&T, Dow v. Lumen), and (6) a primer on nearly every issue that arises in provider vs. insurer health benefit litigation (CSMN v. Aetna).

Among these cases (and more) you will surely find something that tickles your fancy, and if not, we’ll be back next week.

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

Breach of Fiduciary Duty

First Circuit

Piercy v. AT&T Inc., No. 24-cv-10608-NMG, 2025 WL 2505660 (D. Mass. Aug. 29, 2025) (Magistrate Judge Paul G. Levenson). Plaintiffs in this putative class action are retired employees of AT&T Inc. who allege that their former employer, with the assistance of State Street Global Advisors Trust Company, breached their fiduciary duties and caused AT&T’s defined-benefit pension plan to engage in prohibited transactions with plan assets in the course of annuitizing approximately $8 billion in pension liabilities through the purchase of group annuity contracts from the insurer Athene Annuity & Life Assurance Company of New York. Defendants moved to dismiss the class action complaint. The District Judge referred the motions to Magistrate Judge Paul G. Levenson for report and recommendation. In this decision Judge Leveson recommended dismissal of all nine of plaintiffs’ claims. Before assessing the merits of the claims, however, the Magistrate first addressed the threshold issue of Article III standing. Although defendants argued otherwise, Judge Levenson was persuaded that plaintiffs alleged a concrete and particularized injury by asserting that they received a riskier annuity than they otherwise would have been entitled to receive but for defendants’ alleged violations of ERISA. The Magistrate fundamentally accepted the proposition “that an annuity recipient is immediately and concretely harmed if she receives an annuity with a ‘substantially increased risk’ of default than what she is entitled to.” Accordingly, the Magistrate did not recommend dismissal pursuant to Rule 12(b)(1). Nevertheless, on the broader question of whether plaintiffs adequately alleged justiciable claims that defendants violated ERISA by selecting the Athene annuities, instead of purchasing annuities offered by another insurer, Judge Levenson’s answer was no. Some of the key holdings Judge Levenson reached were: (1) AT&T’s decision to enter into the pension risk transfer with Athene was a settlor decision and not a fiduciary matter; (2) plaintiffs’ allegations of corporate/financial entanglements were insufficient to plausibly suggest disloyalty; (3) plaintiffs failed to wrestle with the fact that the annuities are fenced off in a separate account from Athene’s general portfolio; (4) the complaint fails to offer apt comparators to the challenged Athene annuities; (5) plaintiffs do not plausibly allege facts to support an inference that a prudent fiduciary could not have concluded that Athene was an appropriate annuity provider; (6) the allegations in plaintiffs’ prohibited transaction claims do not support their assertion that State Street and Athene were parties in interest; and finally (7) Section 1106(b) cannot categorically prohibit pension risk transfers because they are permitted by ERISA. For these reasons, along with some others, the Magistrate recommended dismissal of all of plaintiffs’ claims pursuant to Rule 12(b)(6).

Ninth Circuit

Wehner v. Genentech, Inc., No. 24-2630, __ F. App’x __, 2025 WL 2505672 (9th Cir. Sep. 2, 2025) (Before Circuit Judges Hurwitz, Koh, and Johnstone). Plaintiff-appellant Matthew Wehner appealed the district court’s dismissal of his breach of fiduciary duty action asserted against the fiduciaries of the Genentech, Inc. retirement plan. In this sparse, unpublished decision the Ninth Circuit affirmed, agreeing with the lower court that Mr. Wehner’s allegations and comparators failed to give rise to a plausible inference of breach of the duty of prudence. The court of appeals ruled that despite being labeled comparable, the plans Mr. Wehner selected to compare to the Genentech plan were actually dissimilar, and thus not meaningful benchmarks against which to evaluate the performance of the challenged funds. Likewise, the Ninth Circuit could not find the complaint’s allegations and theories of mismanagement plausible as opposed to merely possible. Because “ERISA requires prudence, not prescience,” the Ninth Circuit emphasized that mere underperformance is considered insufficient to state a plausible claim for fiduciary breach. Accordingly, the appellate court determined that the district court was right to dismiss both the underlying imprudence claim, as well as the derivative failure to monitor claim. Considering the “difficult tradeoffs” fiduciaries are forced to make, the Ninth Circuit was unwilling to too closely scrutinize the Genentech fiduciaries’ decision to retain the challenged funds, and therefore affirmed the dismissal of the lawsuit seeking to do just that.

Class Actions

Fourth Circuit

Peters v. Aetna, Inc., No. 1:15-cv-00109-MR, 2025 WL 2550531 (W.D.N.C. Sep. 4, 2025) (Judge Martin Reidinger). This class action litigation has been ongoing for nearly a decade and revolves around Aetna Inc. and OptumHealth Care Solutions, LLC’s practice of imposing on plans and plan members administrative fees for chiropractic and physical therapy healthcare claims contrary to the written terms of the ERISA plans. All along the litigation had three goals: (1) to stop defendants from imposing the challenged rate; (2) to require defendants to reimburse members and plans for their overpayments; and (3) to order defendants to separately pay plaintiffs’ attorneys’ fees pursuant to Section 502(g). After more than 8,000 hours of work by counsel at Zuckerman Spaeder LLP and The Van Winkle Law Firm, plaintiffs achieved these goals. In this decision the court granted final approval of class settlement, awarded counsel attorneys’ fees and costs, and awarded named plaintiff and class representative Sandra M. Peters a service award. The terms of the settlement require Aetna to pay $4.6 million for the benefit of the 256,219 class members, separate and apart from its $3.55 million payment to class counsel. The settlement also requires Optum to pay $200,000 for the benefit of the classes. All of the procedures of the Class Action Fairness Act have been satisfied, and the reaction of the class has been overwhelmingly positive. Thus, all that was left was the court’s final approval, which was granted here. First, the court approved the proposed settlement, which it found fair, reasonable, and adequate, and the result of informed, good-faith and arms-length negotiations. Rather than roll the dice on continued litigation, the settlement gives the class members “the certainty of a favorable outcome and the benefit of the time value of money,” the court said. Moreover, the court noted that class members are likely to recover an estimated 40% of their losses and all of the challenged rates they paid for the 2012-2017 period. The court further acknowledged the excellent and zealous representation of plaintiffs’ attorneys, who vigorously litigated the case “up until the eve of trial.” Speaking of the attorneys, the court awarded them all of the fees Aetna agreed to pay as part of the settlement. The court concluded that the agreement regarding attorneys’ fees was fair and reasonable given the extensive time and effort spent pursuing this litigation in the interest of class members who were unlikely to challenge this practice on their own. Additionally, the court acknowledged that the attorneys took the case on with the knowledge that they would not be paid unless the class prevailed in some manner. In the end, the court found that the class achieved a significant degree of success, achieving all three of plaintiffs’ main objectives. Finally, the court noted that Aetna’s separate payment of attorneys’ fees and expenses will not reduce the classes’ recovery in the least. Taken together, the court found that the relevant factors all support awarding counsel the entirety of the agreed-upon fee amount. The decision ended with the court awarding Ms. Peters $20,000 from the common fund as a service award to reflect her significant and important contributions to this case, including the over 200 hours she dedicated to it. For these reasons, the court granted in its entirety plaintiffs’ unopposed motion for final approval of settlement, attorneys’ fees and costs, and class representative service award.

Eighth Circuit

Adams v. U.S. Bancorp, No. 22-cv-509 (NEB/LIB), 2025 WL 2531025 (D. Minn. Aug. 26, 2025) (Magistrate Judge Leo I. Brisbois). The plaintiffs in this matter are former employees of U.S. Bancorp who retired early, before the age of 65. They initiated this putative class action on February 28, 2022 alleging that their former employer has excessively decreased the value of their pensions in the U.S. Bank Pension Plan in violation of ERISA by utilizing calculations that “resulted in reductions which were unreasonable, excessive, and punitive.” In an earlier order, the court denied plaintiffs’ motion for class certification. In this decision, Magistrate Judge Leo I. Brisbois recommended certifying a narrowed class of retirees. First, Judge Brisbois stated that the newly “narrowed class is ascertainable because the proposed class members can be identified by reference to objective criteria.” Similarly, the Magistrate concluded that plaintiffs’ proposed narrower class is not an impermissible fail-safe class. Judge Brisbois was also assured that the newly defined class of retirees meets the requirements of Rule 23(a) as the class is numerous with close to 2,000 members, there is a common question of law applicable to all class members about whether the plan’s early commencement calculations resulted in early retirement benefits that are actuarially equivalent to what class members would have received if they had retired at age 65, and the named plaintiffs have claims that are typical of the absent class members and they and their counsel at Izard, Kindall & Raabe, LLP and Motley Rice LLC are adequate representatives of the class. Finally, the Magistrate concluded that the narrower class is properly maintainable under Rule 23(b)(1)(A), as separate lawsuits by various plan participants regarding the calculations used by the plan could result in inconsistent and varying adjudications that would establish incompatible standards of conduct for the bank. Therefore, Judge Brisbois was of the opinion that the statutory requirements of Rule 23 are now satisfied under the new class definition, and thus recommended that the court grant the motion to certify the class.

Disability Benefit Claims

Third Circuit

Vartanian v. First Reliance Standard Life Ins. Co., No. 24-05096 (GC) (JBD), 2025 WL 2555712 (D.N.J. Sep. 5, 2025) (Judge Georgette Castner). Prior to becoming disabled, plaintiff Louise Vartanian was the Executive Director of Corporate/Procurement Services at Sumitomo Mitsui Banking Corporation. Ms. Vartanian stopped working in April of 2021 due to a combination of physical and cognitive symptoms that stemmed from neurological conditions, chronic fatigue syndrome, and long-haul post-COVID. In this litigation Ms. Vartanian asserts a single cause of action for wrongful termination of benefits against First Reliance Standard Life Insurance Company, seeking judicial review and reinstatement of her long-term disability and waiver of life insurance premiums benefits. The parties cross-moved for judgment under Rule 56. Upon consideration of the voluminous record, the court entered judgment in favor of Ms. Vartanian in this decision. Before it got there, however, it had to rule on the appropriate review standard. Ms. Vartanian did not dispute that the plan contains language necessary to confer discretion on First Reliance. Nevertheless, she argued that the insurer’s failure to strictly comply with ERISA’s 45-day window to issue a determination makes de novo review appropriate. The court was not convinced. Rather, relying on Third Circuit precedent, it concluded that the procedural violation did not warrant departing from a deferential review standard as it was not severe and did not prejudice Ms. Vartanian. However, even under First Reliance’s preferred standard of review, the court overturned its decision to terminate Ms. Vartanian’s benefits. First, the court found that “Defendant’s reversal of its decision to award benefits was arbitrary and capricious because the record does not include any new, meaningful evidence to support a change in position, and because Defendant’s decision is not supported by substantial evidence.” The court also held that First Reliance selectively reviewed the record to cherry-pick information that favored termination without acknowledging facts that supported an award of benefits. This behavior, the court stated, did not provide a “fulsome picture of Plaintiff’s disability,” and failed to consider her cognitive disability even though her claim for disability stemmed from both physical and cognitive issues. Moreover, based on the record before it, the court determined that First Reliance’s decision to accord greater weight to its own consultant non-treating physicians was arbitrary and capricious. Finally, the court concluded it was an abuse of discretion for First Reliance to arrive at the conclusion that Ms. Vartanian was not disabled without considering whether she could actually perform the duties of her job, especially the cognitive requirements of the work. The court thus found that despite the deferential review standard, the procedural irregularities and substantive shortcomings on the part of First Reliance compelled a finding that the benefit termination decision was an abuse of discretion. This left only the issue of the appropriate remedy. The court decided that because the benefits were unlawfully terminated, the only way to return to the status quo was to retroactively reinstate the benefits up until the date of the final denial of the appeal. However, because the court does not have any medical records beyond that date, the court concluded that the proper course of action is to remand to First Reliance for a determination as to whether Ms. Vartanian remained disabled after then.

Seventh Circuit

Moratz v. Reliance Standard Life Ins. Co., No. 24-2825, __ F. 4th __, 2025 WL 2505760 (7th Cir. Sep. 2, 2025) (Before Circuit Judges Easterbrook, Kolar, and Maldonado). Plaintiff-appellant Karen Moratz had been the principal flutist for the Indianapolis Symphony Orchestra since the late 1980s when, in mid-March 2020, the orchestra shut down in the face of the global COVID-19 pandemic. As a result of the shutdown, Ms. Moratz and her colleagues were placed on furlough. In December of 2020, Ms. Moratz and her husband got sick with COVID. At first, she had the same symptoms as everyone else – a cough, fever, pain, fatigue – but then her symptoms took their own path, and she began experiencing ear pain, dizziness, and tinnitus, a continued ringing in her ears. In September 2021, the orchestra rehired its musicians and began to prepare for the upcoming season. Ms. Moratz returned to work but found that the music exacerbated her dizziness and that she could not hear the others performing due to the ringing in her ears. On September 15, 2021, the Indianapolis Symphony Orchestra placed her on sick leave. This litigation stems from Ms. Moratz’s application for long-term disability benefits from Reliance Standard Life Insurance Company under the orchestra’s ERISA-governed disability policy in February of 2022. In her application, Ms. Moratz reported that the last day she had worked before her disability was March 13, 2020 and that she had not returned to work since then, although she noted that she had been furloughed due to the pandemic. She also gave December 11, 2020 as the first date she could not work on a full-time basis. Because Ms. Moratz was not working at the time of her reported onset of disability, Reliance denied her claim. With the help of counsel Ms. Moratz used the appeals procedures available to her to ask Reliance to reconsider her claim. In her appeal she submitted information demonstrating that she had been rehired in September of 2021, but that her continued illness made it impossible for her to perform. Reliance affirmed its denial. It determined that the new information of the dates when Ms. Moratz worked constituted a fundamentally different request for benefits and took the position that she needed to file a whole new claim and begin the process anew. Ms. Moratz did not see things the same way. Rather, she maintained that she was attempting to perfect her claim. Upon this belief, she took to the courts. Unfortunately for her, the district court did not see things similarly. Instead, it held that while the ERISA plan was required to consider additional or corrected information on appeal, it was under no obligation to consider wholly inconsistent information. Agreeing with Reliance that Ms. Moratz’s new information changed the nature of her claim such that she needed to submit a new application for benefits, the district court entered summary judgment in its favor. Ms. Moratz appealed. However, the Seventh Circuit was of the same mind as the district court on the question at the heart of the dispute: “when does supplemental information create a new claim for benefits?” Much like the district court, the appeals court concluded that the information Ms. Moratz provided did not “shed light on her initial claim,” but “tried to complete a 180 and change the date she claimed she was last able to work. That is not a ‘new’ fact, it is a contrary fact.” In sum, the Seventh Circuit held that the two coverage dates represented separate losses because the relevant facts were fundamentally different in September 2021 than in December 2020. As the court put it, “[s]he submitted information that in effect requested coverage for a different loss, and that meant she was submitting a new claim.” Moreover, the appeals court concluded that Ms. Moratz needs to exhaust her administrative remedies on the September 2021 claim before she can file suit under ERISA to enforce the terms of the plan or challenge any adverse decision. The Seventh Circuit determined that Ms. Moratz provided no reason why she could not file new paperwork on the September 2021 claim or that doing so would be futile. Accordingly, the court determined that she should not be excused from doing so. Thus, on the record before it, the court of appeals agreed with Reliance that Ms. Moratz was not eligible for benefits in December of 2020 under the terms of the policy and that the additional information she supplied on appeal constituted information about a separate loss that constituted a new claim for benefits, requiring her to complete a separate claim process. Therefore, the court of appeals affirmed the district court’s entry of judgment in favor of Reliance.

Eighth Circuit

Jones v. Lincoln National Life Ins. Co., No. 25-1049, __ F. App’x __, 2025 WL 2555988 (8th Cir. Sep. 5, 2025) (Before Circuit Judges Gruender, Benton, and Kobes). Plaintiff-appellant Monty Jones appealed the district court’s grant of summary judgment in favor of Lincoln National Life Insurance Company in this ERISA action challenging Lincoln’s denial of his claim for short-term disability benefits under the Wells Fargo & Company Short-Term Disability Plan. In what boiled down to a two-sentence, per curiam decision the Eighth Circuit affirmed. Like the district court, it held that Lincoln had not abused its discretion by relying on the opinions of its consultant nurses over the opinions of Mr. Jones’ treating provider. Additionally, the appellate court agreed with the lower court that Lincoln was not required to provide an independent medical examination of Mr. Jones before deciding his claim. Finally, contrary to Mr. Jones’ assertion, the Eighth Circuit held that Lincoln considered the combination of his medical conditions, as reflected in its denial letters and its thorough review of his medical records.

ERISA Preemption

Third Circuit

Horizon Blue Cross Blue Shield of N.J. v. Arsenis, No. 24-2009, __ F. App’x __, 2025 WL 2504824 (3rd Cir. Sep. 2, 2025) (Before Circuit Judges Krause, Phipps, and Roth). Horizon Blue Cross Blue Shield of New Jersey filed a complaint in New Jersey state court against defendant Chryssoula Arsenis and her company, Speech and Language Center, alleging that they engaged in fraudulent billing practices. The litigation resulted in a settlement agreement. Horizon then moved to enforce its rights under the settlement agreement, which the state court granted. Shortly after, Ms. Arsenis removed the case to federal court citing 28 U.S.C. § 1441(b) and § 1443. Horizon moved to remand the action, arguing that the removal was untimely, and that the district court moreover lacked jurisdiction. Horizon also moved for sanctions, as this was Ms. Arsenis’ second attempt at removal. Ms. Arsenis moved to strike the state court judge’s order as well as defamatory statements allegedly made by Horizon. The district court granted Horizon’s motion to remand, concluding that it lacked subject matter jurisdiction and that the removal was indeed untimely. Given this conclusion, the district court also determined that it could not consider Ms. Arsenis’ motion to strike. Finally, the district court considered the motion for sanctions and directed Ms. Arsenis to show cause as to why she shouldn’t be enjoined from removing the instant action and similar actions to federal court in the future. Ms. Arsenis appealed the district court’s holdings before the Third Circuit. In this unpublished per curiam order the court of appeals concluded that it lacked jurisdiction over the show cause order, but that it had jurisdiction to consider the district court’s decision to grant Horizon’s motion to remand. As for the merits of that decision, the Third Circuit found that the district court’s ruling was proper. For our purposes here at Your ERISA Watch, the Third Circuit’s discussion of federal question jurisdiction under 28 U.S.C. § 1331 was the most noteworthy part of the decision. In that portion of the decision the court of appeals held that the complete ERISA preemption doctrine does not apply to cases such as this one “where a healthcare provider sought to recover for payment of inflated or fraudulent bills.” Moreover, though Ms. Arsenis argued that enforcement of the settlement agreement violates her federal constitutional and statutory rights, the Third Circuit concluded that this is a federal defense, insufficient to warrant removal to federal court. The court further determined that Ms. Arsenis failed to satisfy the requirements for removal under § 1443. Finally, the court held that diversity jurisdiction does not apply here. Thus, to the extent the court of appeals determined it had jurisdiction over this matter, it decided to affirm the judgment of the district court.

Seventh Circuit

Central States, Southeast and Southwest Areas Health & Welfare Fund v. McClain, No. 25 CV 3938, 2025 WL 2522621 (N.D. Ill. Sep. 2, 2025) (Judge Jeremy C. Daniel). A self-funded multiemployer ERISA welfare benefit plan and its trustee and fiduciary filed this action against the Insurance Commissioner of Arkansas seeking declaratory judgment that a recently enacted Arkansas Insurance Department Rule (“Rule 128”) requiring fair and reasonable pharmacy reimbursements is preempted by ERISA. Rule 128 broadly applies to all health benefit plans and allows the Commissioner to review the compensation programs of Pharmacy Benefit Managers (“PBMs”) “from a health benefit plan to ensure that the reimbursement for pharmacist services paid to a pharmacist or pharmacy is ‘fair and reasonable.’” In furtherance of this goal, Rule 128 includes a reporting obligation that requires healthcare plans to submit certain pharmacy compensation information to the Commissioner to review to confirm whether payments to Arkansas pharmacists and pharmacies are fair and reasonable. Should the Commissioner determine that a health benefit plan is paying amounts that are fair and reasonable, no further action or adjustment is needed. If, on the other hand, the Commissioner is not satisfied with the pharmacy compensation program of a certain plan, the Commissioner can require the plan to pay an additional pharmacy dispensing cost. This is referred to as the dispensing fee requirement. Plaintiffs challenge both the reporting and dispensing fee requirements of Rule 128, and argue that both aspects of the Rule are preempted by ERISA because they have an impermissible reference to and connection with ERISA plans. The Commissioner moved to dismiss the action, arguing that Rule 128 is not preempted by ERISA. The court agreed and granted the motion to terminate this case. At the outset, the court determined that Rule 128 does not act exclusively on ERISA plans and that the existence of an ERISA plan is not essential to its operation. As a result, the court disagreed with plaintiffs that the reporting and dispensing fee requirements refer to ERISA plans. Plaintiffs also allege that both the reporting requirement and the dispensing requirement have an impermissible connection with ERISA health plans, but again, the court did not agree. First, the court found that the reporting requirement is not central, but rather an incidental component of Rule 128. The court noted that the Rule itself states that it was issued related to cost processes and designed “to help ensure the subject of network adequacy or reasonably sustainable network adequacy of pharmacy services for health benefit plans.” Because the Rule was enacted to ensure reimbursement for pharmacist services, the court was satisfied that it is not fundamentally a reporting law, and as a result, the Rule’s reporting requirement cannot be considered preempted by ERISA. As for the dispensing requirement, the court also agreed with the Commissioner that it is not preempted, and that this finding is consistent with the Supreme Court’s precedent in Rutledge v. Pharmaceutical Care Management Association. Specifically, the court seized on the fact that the “provision merely requires plans to adhere to their own terms, and it does not prevent plans from increasing co-pays, coinsurance or deductibles to account for any increased dispensing fee they are required to pay.” Under this structure, the court agreed with the Commissioner that the potential fee he may impose on healthcare plans which are found not to be providing reasonable compensation does not force them to adopt any particular scheme of coverage. At bottom, the court concluded that this indirect economic influence does not create an impermissible connection. Based on the foregoing, the court was confident that the Rule is not preempted by ERISA. And because absent ERISA preemption, plaintiffs’ action falls apart, the court granted the Commissioner’s motion to dismiss.

Eighth Circuit

George v. United Healthcare Service, Inc., No. 3:25-cv-71, 2025 WL 2576437 (D.N.D. Sep. 5, 2025) (Judge Peter D. Welte). This is a heart-wrenching case. In the fall of 2020, Brook and Christopher George took their two-year-old son to the emergency room and discovered a brain mass through MRI testing. The child immediately started cancer treatments, including surgery. Dealing with this would presumably be enough on its own, but in addition to the stresses of their child’s condition United Healthcare Service, Inc. has repeatedly refused to approve MRI claims that have been ordered by the boy’s treating physicians. Despite the insurer’s refusal to cover the treatment, the family has proceeded with the MRIs, which the doctors insist are medically necessary in order to detect new tumors. Sadly, in the fall of 2021, this guidance proved prescient, and two new tumors were revealed. The parents allege that because of United’s actions, they have suffered consequential damages and emotional distress, and as a result, they sued their insurer in state court bringing claims of breach of contract and bad faith. However, because the healthcare plan at issue is an employer-sponsored plan governed by ERISA, United removed the case to federal court. It then moved to dismiss the action. In this straightforward ERISA preemption decision, the court agreed with United that the state law claims relate to the employee benefit plan established and maintained by Christopher’s employer and that preemption applies to both claims. The Georges requested that the court allow them to state an ERISA claim. However, the court felt that allowing amendment would involve substantial change to the complaint, as it would involve an entirely new cause of action and potentially different facts. The court was also concerned about the issue of exhaustion. Given these concerns, the court decided that it would grant the motion to dismiss, but dismiss the complaint without prejudice so as not to “preclude the Georges from filing an ERISA claim, clearly stating their exhaustion of any internal administrative remedies, so that the case can be resolved on its merits.”

Medical Benefit Claims

Tenth Circuit

S.J. v. Aetna Life Ins. Co., No. 2:24-cv-00693-TS-CMR, 2025 WL 2506888 (D. Utah Sep. 2, 2025) (Judge Ted Stewart). Plaintiff Marc S.J. was a participant in the MITRE Corporation’s health insurance plan. M.S.J. is his dependent child and a beneficiary under the plan. Aetna Life Insurance Company is the plan’s claims administrator. In this action plaintiff seeks judicial review of Aetna’s denial of M.S.J.’s treatment at blueFire Wilderness Therapy, a therapeutic wilderness therapy program in Idaho licensed to provide behavioral and mental health treatments to children. Plaintiff asserts two causes of action against the plan and its administrator: (1) a claim for wrongful denial of benefits under ERISA Section 502(a)(1)(B) and (2) a claim for equitable relief based on an alleged violation of the Mental Health Parity and Addiction Equity Act under ERISA Section 502(a)(3). Defendants moved to dismiss both claims. The court granted the motion in part and denied it in part in this decision. To begin, the court dismissed the claim for benefits. Under the plain language of the plan, coverage is entirely excluded for wilderness therapy programs like blueFire. Plaintiff argued that blueFire nevertheless meets the definition of behavioral health provider, which is a covered service, but the court disagreed. Though the plan does cover treatment by a behavioral health provider, it clearly defines the term to mean a person. Accordingly, the court wrote that as “a licensed Children’s Therapeutic Outdoor Program, blueFire cannot be a health professional under the terms of the Plan because it is not a person. Therefore, Plaintiff’s request for benefits for treatment at blueFire must be rejected.” Nevertheless, the court denied the motion to dismiss the separately alleged Parity Act claim. The court noted that the plan only specifically excludes wilderness programs from the definition of residential treatment facilities for mental health and substance abuse and that there is no similar exclusion under the definition of skilled nursing facilities. Under the circumstances, the court concluded that it is plausible that the plan sets different standards for medical/surgical care than it does for mental health/behavioral care. As a result, the court agreed with plaintiffs that they have both a viable facial and as-applied challenge under the Parity Act. Accordingly, the court declined to dismiss the claim for equitable relief.

Pleading Issues & Procedure

Sixth Circuit

Ulmes v. Matheson Tri-Gas, Inc., No. 3:24-cv-1679, 2025 WL 2521133 (N.D. Ohio Sep. 2, 2025) (Judge Jeffrey J. Helmick). Plaintiff Tamara R. Ulmes and defendant Ronald M. Toland were married in 1987 and divorced in 2010. During the divorce proceedings the two entered into a separation and property agreement, which in pertinent part dictated that Ms. Ulmes would receive 33.5% of the value of Mr. Toland’s 401(k) portfolio with his employer, Valley National Gasses WV LLC. This was later formalized in a Qualified Domestic Relations Order (“QDRO”). The QDRO required that Ms. Ulmes’ portion of Mr. Toland’s 401(k) account be segregated and separately maintained from his account. Around the time of the divorce proceedings, defendant Matheson Tri-Gas, Inc. purchased Valley National Gasses. In this lawsuit, Ms. Ulmes alleges that despite Matheson Tri-Gas receiving notice of the QDRO this segregation did not happen and that in failing to segregate the account, Matheson was negligent and violated its fiduciary duties to her under ERISA. She also alleges that her ex-husband was unjustly enriched because he retained the funds that she was entitled to pursuant to the terms of the QDRO. Two motions were before the court. First, Mr. Toland filed an unopposed motion to sever the unjust enrichment claim and remand that claim to state court. Second, Matheson Tri-Gas moved to dismiss the two claims asserted against it. The court granted both motions in this decision. To begin, the court agreed with Mr. Toland that the unjust enrichment claim must be severed and remanded because (1) that claim does not arise under federal law, and (2) there is no diversity of citizenship as both he and Ms. Ulmes are residents of Ohio. The court therefore granted the motion to sever the cause of action asserted against Mr. Toland pursuant to § 1441(c) and remanded that claim to state court in Ohio. The court then turned to the motion to dismiss. It considered the negligence claim first. Matheson Tri-Gas argued that this claim is completely preempted by ERISA and satisfies both prongs of the Davila test. The court agreed. As Ms. Ulmes asserted that Matheson was negligent in the performance of its duties as plan administrator by not segregating the 401(k) account pursuant to the QDRO, the court concluded that the negligence claim plainly satisfies the two-prong Davila test and is preempted. The court accordingly granted Matheson Tri-Gas’s motion to dismiss that claim. Next, the court granted the motion to dismiss the fiduciary breach claim asserted pursuant to ERISA. It agreed with Matheson that Ms. Ulmes has made statements which call into question whether Valley National Gasses or Matheson received the QDRO. Without clear knowledge that the employer received the QDRO, the court determined that the claim is based only on speculation, meaning “her assertion that Matheson did receive the QDRO and, by extension, that a fiduciary relationship was created between herself and Matheson, is no more than ‘a legal conclusion couched as a factual allegation,’ one that is not entitled to a presumption of truth.” The court therefore concluded that the fiduciary breach claim is not plausible and so granted the motion to dismiss it. For these reasons, the court granted the entirety of both motions before it.

Ninth Circuit

Eldredge v. American Airlines Inc., No. CV-25-00823-PHX-SMB, 2025 WL 2549405 (D. Ariz. Sep. 4, 2025) (Judge Susan M. Brnovich). Plaintiff Russ Eldredge was a pilot for American Airlines, Inc. and a member of the Allied Pilots Association. American Airlines and the pilots union had a collective bargaining agreement, known as the Joint Collective Bargaining Agreement (the “JCBA”), which incorporates the long-term disability (“LTD”) benefit plan at the center of this ERISA case. Mr. Eldredge stopped working after he was diagnosed with substance use disorder. Thereafter, he filed a claim for disability benefits under the ERISA LTD plan. American Airlines denied his claim, finding that he was not an active employee at the time he incurred his disability “and that the disability was otherwise the product of criminal activity.” Mr. Eldredge exhausted his administrative procedures under the plan to no avail. After American Airlines affirmed the denial twice, he was notified that he had the right to file a civil action under Section 502(a) of ERISA. Of course, Mr. Eldredge did just that. Since sending the right to sue letter, defendant has taken a different position. It moved to dismiss Mr. Eldredge’s complaint pursuant to Rule 12(b)(1), arguing that the court lacks subject matter jurisdiction over the case under the Railway Labor Act (“RLA”). At issue was whether Mr. Eldredge’s claim was a “minor dispute” under the RLA. The court agreed with defendant that it was. A claim constitutes a minor dispute under the RLA if it seeks purely to vindicate a right or duty created by the collective bargaining agreement itself. Such disputes are subject to the jurisdiction of a system board of adjustment set up by the collective bargaining agreement. Here, the court determined, “[b]ecause Plaintiff’s ERISA claim is predicated on an alleged violation of the Plan, which is inextricably intertwined with the JCBA, Plaintiff’s claim is grounded in the JCBA. Accordingly, his claim is a minor dispute under the RLA. Thus, under the RLA, the Court lacks subject-matter jurisdiction to hear Plaintiff’s claim.” As a result, the court granted the motion to dismiss, and because no amendment could possibly cure this defect, the court closed the case rather than allow Mr. Eldredge the opportunity to amend.

Provider Claims

Second Circuit

The Central Orthopedic Group, LLP v. Aetna Life Ins. Co., No. 24-cv-7014 (BMC), 2025 WL 2549995 (E.D.N.Y. Sep. 4, 2025) (Judge Brian M. Cogan). The Central Orthopedic Group, LLP is a healthcare provider that rendered medical and surgical services to patients insured by Aetna Life Insurance Company. In this action, one of eight related cases, Central Orthopedic alleges that Aetna is obligated to pay for the services rendered at its out-of-network rate and that it has failed to do so. Plaintiff brings claims under ERISA and state law. In this decision the court dismissed the ERISA claims and ordered the parties to present arguments as to whether it should retain supplemental jurisdiction over the state law claims. To begin, the court held that the provider could not assert a claim under ERISA because each of the healthcare policies at issue contains a valid and unambiguous anti-assignment provision that renders the assignment of rights from the patients ineffective. Plaintiff argued that Aetna waived its right to enforce the anti-assignment clauses, but the court did not agree. “Plaintiff’s conclusory assertions in the complaint that typical communications between it and Aetna regarding the claims constitute a waiver of the anti-assignment clauses are legally insufficient to plausibly plead waiver.” The court added that several decisions out of both the Eastern and Southern Districts of New York have rejected waiver arguments premised on “indistinguishable facts” from those alleged here. Like its sister courts, the court here rejected the “foundational theory that the normal and typical participation by an insurer in the claims resolution process gives rise to a waiver.” The court then considered whether to permit the provider leave to amend. It decided against it, concluding that the problems the provider has are legal insufficiencies that could not be cured by amendment. Accordingly, the ERISA claims were dismissed with prejudice. As for the remaining state law claims, the court determined that they are not completely preempted by ERISA given the lack of valid assignments, which meant that the provider could not have brought its state law claims under ERISA. Because the court concluded that the first prong of the Supreme Court’s Davila test is not met and the claims are not preempted under Section 502(a), the court determined that it lacks subject-matter jurisdiction over this case. The court indicated that it was not inclined to exercise supplemental jurisdiction over the state law claims, but because neither side has addressed the issue, the court decided that it would allow them the opportunity to do so before ruling decisively on the matter.

Seventh Circuit

Abira Med. Laboratories, LLC v. Golden Rule Ins. Co., No. 1:24-cv-01407-JPH-MKK, 2025 WL 2550131 (S.D. Ind. Sep. 4, 2025) (Judge James Patrick Hanlon). Hardly a week goes by here at Your ERISA Watch where we don’t report on a case brought by Abira Medical Laboratories. In each of these actions, brought against various insurance companies (in this instance it’s a United Healthcare subsidiary called Golden Rule Insurance Company), Abira alleges that it was underpaid for laboratory testing services it provided to insureds. The claims Abira asserts in its actions vary. Sometimes it pleads claims under state law, sometimes under ERISA, sometimes both. This particular action involved only state law claims. Abira alleged claims of breach of contract, breach of implied covenant of good faith and fair dealing, fraudulent and negligent misrepresentation, equitable and promissory estoppel, and quantum meruit and unjust enrichment. Golden Rule moved to dismiss. As a preliminary matter, the court held that Abira has plausibly established standing to pursue its claims because it alleges that it was deprived of thousands of dollars through Golden Rule’s refusal to process and pay its testing claims for the services it provided to Golden Rule’s insureds. “Abira has therefore alleged an injury in fact that is fairly traceable to Golden Rule’s challenged conduct and could be redressed by a damages award. That is enough for standing. To the extent that Golden Rule contends that the assignments are not valid and enforceable, that argument goes to the merits of Abira’s claims and does not implicate standing.” With the issue of standing out of the way, the court proceeded to analyze the motion to dismiss pursuant to Rule 12(b)(6). First, the court held that it cannot currently rule on the issue of ERISA preemption because the complaint is silent as to whether any of the insurance plans are subject to ERISA. However, the court noted that to the extent Abira’s state law claims are found to be preempted by ERISA, “Abira’s claims would not be dismissed but would be ‘recharacterize[ed]…as ones arising under ERISA.’” Therefore, Golden Rule’s motion to dismiss based on ERISA preemption was denied. As for the state law claims themselves, the court analyzed each in turn and found some of them sufficient and some of them deficient as currently pled. Based on its findings, the court granted the motion to dismiss as to the fraudulent and negligent misrepresentation, equitable and promissory estoppel, and quantum meruit and unjust enrichment claims, and denied the motion as to the breach of contract and breach of implied covenant of good faith and fair dealing claims.

Eighth Circuit

Keith Feder, M.D., Inc. v. U.S. Bancorp, No. 24-cv-4236 (LMP/SGE), 2025 WL 2522601 (D. Minn. Sep. 2, 2025) (Judge Laura M. Provinzino). Plaintiff Kevin Feder, M.D., Inc. is a healthcare provider that treated a patient who is a beneficiary of U.S. Bancorp’s Medical and Wellness Plan, an employer-sponsored healthcare plan governed by ERISA. Dr. Feder billed U.S Bancorp for nearly $550,000 in medical services for the patient, including surgery, injections, and physical therapy. Along with the bills, Dr. Feder sent a copy of the assignment his practice received from the patient. The third-party claims administrator of the plan, United Healthcare Services, Inc. (“UHS”), reimbursed the provider only $30,000 for the patient’s medical expenses. Dr. Feder sent numerous appeal letters disputing the payment amount for the claims. UHS never informed him that the plan contains an anti-assignment provision. After he was informed that the payment decisions were final, Dr. Feder filed suit under ERISA against U.S. Bancorp to challenge them. Because of the presence of the anti-assignment clause, U.S. Bancorp moved to dismiss Dr. Feder’s original complaint, arguing that he lacked standing to sue under Section 502(a)(1)(B). “Specifically, U.S. Bancorp argued that it could not have waived enforcement of the Plan’s anti-assignment provision because Feder only communicated with UHS – not U.S. Bancorp – during the claims process.” The court agreed and granted the motion to dismiss, but dismissed the complaint without prejudice and granted Dr. Feder leave to amend the complaint to allege either that U.S. Bancorp engaged in actions that demonstrate waiver or that UHS was U.S. Bancorp’s agent. Dr. Feder amended his complaint to assert the latter. U.S. Bancorp again moved for dismissal. The court granted its motion, this time with prejudice. The court agreed that under Minnesota law Dr. Feder could not demonstrate one crucial element of an agency relationship – control. “Feder argues that U.S. Bancorp has the right to control UHS, but the amended complaint pleads the exact opposite. The amended complaint alleges that U.S. Bancorp ‘delegated authority and discretion to decide internal claims and appeals relating to ERISA claims for benefits’ to UHS. UHS, therefore, ‘decide[s] on behalf of [U.S. Bancorp] if payment will be made directly to a medical provider’ and ‘whether or not to accept [an] assignment.’ Importantly, the amended complaint never alleges that U.S. Bancorp has any role – let alone a role of authoritative control – in processing the claims of R.M. or any other beneficiary of the Plan. Quite the opposite: UHS ‘decide[s]’ based on its ‘delegated authority and discretion’ whether to approve a particular claim and whether to accept an assignment. Because UHS, not U.S. Bancorp, ‘decides how [UHS] must go about’ processing claims, an agency relationship does not exist between U.S. Bancorp and UHS.” The court thus agreed with U.S. Bancorp that UHS did not function as its agent for the purposes of processing the claims and appeals at issue and that the complaint therefore does not show that U.S. Bancorp waived enforcement of the plan’s valid and unambiguous anti-assignment provision through UHS’s actions. The court accordingly held that the anti-assignment provision divests Dr. Feder of statutory standing to sue for his patient’s benefits, and that the complaint must be dismissed. Finally, the court decided to dismiss the action with prejudice because it is not likely that further amendment could plausibly allege the control element necessary to establish an agency relationship between UHS and U.S. Bancorp.

Tenth Circuit

CSMN Operations LLC v. Aetna Life Ins. Co., No. 24-cv-00368-NYW-RTG, 2025 WL 2513588 (D. Colo. Sep. 2, 2025) (Judge Nina Y. Wang). Plaintiffs are affiliated healthcare providers and patients who allege that defendant Aetna Life Insurance Company administered numerous ERISA-governed welfare benefit plans in a manner that systematically denied payment for mental health and substance abuse treatment in violation of the Mental Health Parity and Addiction Equity Act and ERISA. In this complicated action involving the claims of 42 patients, plaintiffs seek both equitable relief and payment of benefits, as well as interest and attorneys’ fees. Aetna and the welfare benefit plans moved to dismiss the action. Given the mix of the parties, the varying terms of the plans, and the scope of the lawsuit, the court’s decision ruling on the motions to dismiss was itself complex and varied. In short, the motions were granted in part and denied in part. As an initial matter, the court granted the motion to dismiss the claims related to three patients who are covered by plans not subject to ERISA. The court then considered whether claims related to a patient whose claims have been fully paid have been rendered moot. It agreed with the providers that benefits claims related to this patient should go forward as to plaintiffs’ requests for pre- and post-judgment interest and attorneys’ fees, and ruled accordingly. Next, the court turned to the main issue presented – whether the patients validly assigned the right to bring this action to the provider plaintiffs, such that they may sue under ERISA. Defendants asserted several grounds upon which to challenge the assignment of benefits. First, they argued that most of the assignments are invalidated because of anti-assignment provisions in the respective plan documents. For 20 of the patients, the court denied the motion to dismiss because those patients’ plans allow benefit assignments for in-network providers and the complaint is silent as to whether the providers are in or out of network. For the remaining patients, the court agreed with defendants that their plans contain unambiguous anti-assignment clauses. As a result, the court proceeded to consider whether Colorado law overrides these provisions in the fully insured plans, and also whether Aetna waived enforcement of the provisions through its actions with the providers. As to the first matter, the court agreed with plaintiffs that the applicable Colorado law regulating insurance falls within ERISA’s savings clause and that it requires insurers to both allow and honor assignments to providers. Accordingly, the court denied the motion to dismiss the benefit claims relating to the patients covered under fully insured plans. Turning to the issue of waiver, the court disagreed with plaintiffs’ suggestion that Aetna’s failure to assert the anti-assignment provisions, coupled with payment for some patients, amounts to waiver. Rather, it held that there is an element missing in these allegations, namely whether Aetna had notice of the patients’ assignments. In light of this silence, the court granted the motion to dismiss the provider’s claims for the remaining patients because they are barred by the anti-assignment provisions. Nevertheless, this dismissal was without prejudice to amend. With the anti-assignment provisions settled, the court proceeded to analyze defendants’ broader critiques of the assignments themselves. Defendants attacked the assignments with three arguments: (1) they only pertain to the named provider and not all of the affiliated entities; (2) they do not authorize the providers to sue; and (3) even assuming the providers can assert benefit claims in court, the assignments do not assign the patients’ other statutory rights under ERISA, so the providers cannot assert a violation of the Parity Act. The court took each of these points in turn. First, the court ruled that defendants are correct that the assignments only apply to the named legal entity and do not cover all of the provider plaintiffs. Second, the court disagreed with defendants that the assignments do not grant the right to sue for payments. Third, the court found that the assignments fail to expressly grant the providers the right to bring an equitable relief claim under ERISA. Thus, the court granted the motions to dismiss the providers’ Parity Act claim, and also dismissed the providers not named under the assignments. The court then took a moment to acknowledge that all of these holdings pertain only to the provider plaintiffs, not to the patient plaintiffs. However, the court stated that the complaint currently violates the Federal Rules of Civil Procedure because it does not identify the 42 patients by name. “Plaintiffs’ failure to properly name these Patients as the real parties in interest renders those Patients’ claims defective.” To rectify this, the court granted plaintiffs the opportunity to amend their complaint to include the patients as real parties in interest. Finally, the court had one last wrinkle to iron out. Defendants argued that the complaint suffers from misjoinder because the claims related to each patient turn on different facts, contracts, and legal issues. The court respectfully disagreed. It concluded that the claims arise out of a common nucleus of law and fact and out of the same series of transactions, such that considering them in a single action is entirely permissible. Accordingly, the motions to dismiss were denied to the extent they sought severance or dismissal of individual patients or plan defendants. For these reasons, the court granted in part and denied in part defendants’ motions to dismiss as outlined above.

Retaliation Claims

Third Circuit

Myers v. Preston Management, Inc., No. 1:25-CV-00028-RAL, 2025 WL 2533300 (W.D. Pa. Sep. 3, 2025) (Magistrate Judge Richard A. Lanzillo). Husband and wife Roger and Jennifer Myers bring this action against their former employer, Preston Management Inc., alleging that Preston violated Section 510 of ERISA by terminating their employment in retaliation for Mrs. Myers’ complaints about the company’s failure to timely remit employee contributions to their 401(k) accounts. Preston moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The court denied the motion to dismiss in this decision. It held that Mr. Myers had both constitutional and statutory standing to pursue his claim, and that the complaint plausibly alleges that the employer’s stated reasons for terminating Mr. and Mrs. Myers were pretextual. “In the present case, the Complaint fairly posits that Preston terminated both Mrs. and Mr. Myers in retaliation for Mrs. Myers’ exercising her right to Preston’s timely remittance of employee contributions to the Plan and to frustrate their right to such timely remittances under the Plan and applicable regulations.” The court rejected Preston’s argument that its belated remittance of the contributions negates the couple’s claims. It stated that, “among other things, Preston’s termination of the Plaintiffs eliminated their rights to timely remittances of 401(k) Contributions withheld from their paychecks. It also removed Mrs. Myers from a position from which she could monitor and insist on the company’s compliance with its obligations under the Plan and applicable regulations.” Accordingly, the court held that the factual allegations in the complaint and inferences that can reasonably be drawn from them are sufficient to state a claim for violation of Section 510.

Venue

Tenth Circuit

Dow v. Lumen Technologies Inc., No. 24-cv-02434-PAB-TPO, 2025 WL 2530659 (D. Colo. Sep. 3, 2025) (Judge Philip A. Brimmer). Plaintiffs Dolly Dow and Virginia Sakal are retirees of the telecommunications company now known as Lumen Technologies, Inc. Plaintiffs began receiving pension payments under the Lumen Combined Pension Plan upon their retirements in 2014 and 2015 respectively. This ERISA litigation arises from Lumen’s transfer of over $1.4 billion of its pension obligations to Athene Annuity and Life Co. and Athene Annuity & Life Assurance Company of New York in the fall of 2021, which affected tens of thousands of Lumen retirees and their beneficiaries, including plaintiffs. Although ERISA does not prohibit an employer from transferring pension obligations to an insurance company, it requires that fiduciaries obtain “the safest annuity available.” Athene, plaintiffs allege, is “a highly risky private equity-controlled insurance company with a complex and opaque structure,” and because of this, they maintain that the purchase of the Athene annuities was unsafe and therefore a violation of ERISA. Accordingly, on behalf of a putative class of similarly situated individuals, plaintiffs have sued Lumen, Athene, and State Street Global Advisors Trust Co. alleging the defendants committed fiduciary breaches and prohibited transactions under § 1104 and § 1106 of ERISA. The matter before the court here was a motion to transfer venue to the Western District of Louisiana pursuant to a forum selection clause found within the Lumen Combined Pension Plan. The clause at issue mandates that all claims “relating to” and “arising under” the plan be litigated in the Western District of Louisiana. However, the plaintiffs persuasively argued to the court that their claims neither relate to nor arise from the plan in which they no longer participate. The court agreed that plaintiffs’ injuries here do not arise from the plan, and noted that the parties are in agreement that plaintiffs received all the benefits to which they are entitled under the plan. “Instead, plaintiffs’ claimed injury arises from the fact that their pension benefits are not as secure as they should be under ERISA because their pension obligations were not transferred to the safest annuity available. The mechanism of their injury was not the creation or implementation of the Plan, but was the transfer of pension benefits to a third party, which would not have occurred if defendants had met their fiduciary obligations. Therefore, the Court finds that plaintiffs’ claims do not sufficiently relate to the Plan to be governed by the forum selection clause.” Moreover, the court agreed with plaintiffs that their claims do not seek to interpret or enforce the plan, but instead seek to enforce statutory rights under ERISA. The court stated that the nature of the relief plaintiffs seek in their complaint makes clear that they are not trying to enforce the plan, but instead attempts to disgorge any ill-gotten gains defendants received via the alleged fiduciary breaches and prohibited transactions. Additionally, the court rejected defendants’ assertion that plaintiffs’ claims require the court to interpret the plan to resolve the dispute. The court found that the claims instead require it to consider whether defendants’ conduct violated the fiduciary obligations ERISA imposes. For the foregoing reasons, the court concluded that plaintiffs’ claims fall outside the scope of the forum selection clause, making it inapplicable to this case. Accordingly, the court denied the motion to transfer and the case will continue to proceed in the District of Colorado.