
Hoak v. Ledford, No. 24-12148, __ F.4th __, 2025 WL 2450919 (11th Cir. Aug. 26, 2025) (Before Circuit Judges Jordan and Newsom, and District Judge Charlene Edwards Honeywell).
A “top hat” plan is a special breed of ERISA plan. In order to attract and keep top talent, companies sometimes create these deferred compensation plans for the benefit of their high-level employees.
Although top hat plans are governed by ERISA, they are not subject to the full suite of ERISA protections. For example, top hat plans are generally exempt from ERISA’s participation, vesting, funding, and fiduciary responsibility provisions.
Top hat plans, like any ERISA plan, often seem like a great idea when they are created. But if an employer wants to get rid of its top hat plan, it still must follow ERISA’s rules and the terms of the plan when doing so. Furthermore, the people affected by the termination are typically well-educated, high-powered executives who will examine any such termination closely to ensure they receive the benefits they have been promised.
Such was the case here, in the case of the venerable NCR Corporation. (NCR was founded in Ohio in 1884 and stands for “National Cash Register.” It became a leader in the computing industry and was eventually acquired by AT&T in 1991.)
NCR created five top hat plans which promised participants they would receive life annuities at a certain date, e.g., when they reached a certain age or retired. In total, there were 197 participants covered by the plans. Crucially, although the plans had language allowing NCR to terminate them, they also included an assurance that “no such action shall adversely affect” the “accrued benefits” of “any” participant.
As time passed, NCR became disenchanted with these plans. In 2006, NCR froze accruals of additional benefits in the plans, and in 2011, NCR began examining them as part of its effort to reduce its pension liabilities. With the help of outside consultants, NCR considered a number of options.
One of the options was to terminate the plans and compensate each participant with the disbursement of a lump sum. NCR’s outside counsel advised, and NCR’s compensation committee agreed, that this option would be “reasonably construed as providing the full benefit entitlement under the [p]lans provided [that] the lump-sum payment is the actuarial equivalent of the annuity benefit.”
Ultimately, in February of 2013, NCR approved the termination of the plans and the lump-sum disbursement. NCR calculated payments by using a combination of mortality and actuarial tables, and adding a 5% discount rate.
Plaintiffs, who are all former senior executives of NCR, subsequently filed this class action against various NCR defendants, including the compensation committee, alleging various claims for relief, including one for failure to pay plan benefits under ERISA pursuant to 29 U.S.C. § 1132(a)(1)(B).
The district court certified a class under this claim and eventually granted summary judgment in plaintiffs’ favor. The court concluded that participants were adversely affected by NCR’s lump-sum approach, and further concluded that even if the lump-sum option was permissible, NCR erred by applying a 5% discount rate to account for its risk of default.
As for a remedy, the district court ordered NCR to pay plaintiffs “the difference between the lump sums they received and the cost of replacement annuities” (using assumptions generated by the Pension Benefit Guaranty Corporation), prejudgment interest, and post-judgment interest. NCR appealed.
On appeal, the Eleventh Circuit first addressed the standard of review. NCR contended that the district court should have reviewed NCR’s decision for abuse of discretion because the top-hat plans gave NCR discretionary authority to interpret the terms of the plans.
The court disagreed. The court cautioned that because the plan was a top hat plan, it was not clear whether the default rules regarding discretionary authority should be applied. Furthermore, the default rules were irrelevant because of “the clear language of the plans.” The plans “specified that the administrator’s interpretive discretion was limited. They provided that the administrator ‘shall have no power to add to, subtract from or modify any of the terms’ of the plans, ‘or to change or add to any benefits’ provided by the plans.” As a result, because NCR’s discretion was explicitly limited by the plan, de novo review was required.
On the merits, the court explained that when a plan is terminated, ERISA requires the administrator to distribute the plan’s assets. When it does, the administrator “shall” either “purchase irrevocable commitments from an insurer to provide all benefit liabilities under the plan,” or “in accordance with the provisions of the plan and any applicable regulations, otherwise fully provide all benefit liabilities under the plan.” 29 U.S.C. § 1341(b)(3)(A)(i)-(ii).
The court acknowledged that NCR’s offering of a lump sum to replace the plan-prescribed annuities was not by itself wrongful. After all, “some lump sum could have been paid to them without breaching the language of the plans. For example, the participants acknowledge that NCR could have paid them a lump sum that would have allowed them to purchase, in the market, the same annuities they were promised under the plans.”
However, just because NCR could pay a lump sum did not mean that its payments were automatically adequate. “The question we must answer is not whether the plans categorically prohibited a lump-sum payment (no matter how calculated) to the participants upon termination. It is whether the precise lump-sum payments calculated by NCR and paid to the participants breached the language of the plans[.]”
The Eleventh Circuit agreed with the district court that the payments constituted a breach of the plan terms because they “adversely affect[ed]” the “accrued benefits” (i.e., the life annuities) of “any” participant. The word “any” was key; a lump sum would violate the plan if it “led to a reduction in the amount of the life annuity of even a single participant.”
As the court noted, and NCR admitted, “When NCR converted the life annuities into the lump-sum payments, it knew that about 50% of the participants would outlive those lump sums if they continued to withdraw the same periodic (i.e., monthly) benefits they were receiving under the annuities (even assuming that the participants earned a 5% return).”
This evidence was “fatal” to NCR’s defense. After all, for those beneficiaries who lived longer than anticipated by the mortality tables, they “will have received less money than they would have received by way of the promised life annuity. These individuals’ ‘accrued benefits’ were therefore ‘adversely affected.’”
As a result, the Eleventh Circuit found that NCR had breached the terms of the plan. (The court therefore did not address the district court’s alternative ruling that the 5% discount was also unlawful.) But what was the correct remedy?
As explained above, the district court ordered NCR to pay plaintiffs “the difference between the lump sums they received and the cost of replacement annuities.” However, NCR argued that plaintiffs instead should have received “reinstatement of the annuities on a going-forward basis.” NCR contended that this was because private replacement annuities were not equivalent; they were more expensive.
The Eleventh Circuit concluded that the district court did not abuse its discretion in its choice of remedy. After all, when NCR terminated the plan, its advisors had told NCR that participants could simply purchase new annuities with their lump sums. The court observed, “That is essentially the remedy that the court chose.”
Furthermore, NCR’s proposal raised the question of whether reinstating the annuities might require the creation of new top hat plans. Rather than address this complicated question, the court simply concluded that it did “not see how NCR’s proposal is so demonstrably better that it renders the remedy chosen by the district court an abuse of discretion.”
NCR’s final contention on appeal was that the district court should not have awarded prejudgment interest because “the participants were paid too much and too quickly and did not need prejudgment interest to fully compensate them.”
The Eleventh Circuit made quick work of this argument, noting that prejudgment interest awards rest within the sound discretion of the trial court. Here, as plaintiffs explained, “[h]ad NCR properly terminated, [they] would have received replacement-annuity premiums in 2013… In other words, the additional amounts that the district court ordered NCR to pay due to its breach were sums that the participants should have had (or should have had access to) in 2013, but were deprived of for about a decade.” Thus, the district court’s award was no abuse of discretion.
With that, the Eleventh Circuit dispatched all of NCR’s contentions on appeal and affirmed the judgment in plaintiffs’ favor in its entirety.
Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.
Attorneys’ Fees
Second Circuit
Macalou v. First Unum Life Ins. Co., No. 22-CV-10439 (PKC), 2025 WL 2463624 (S.D.N.Y. Aug. 27, 2025) (Judge P. Kevin Castel). On November 22, 2024, plaintiff Anticia Macalou successfully persuaded the court that First Unum Life Insurance Company wrongfully denied her long-term disability benefits under the terms of her ERISA-governed policy. In a decision issued that day the court concluded that Ms. Macalou met her burden to show that she was disabled under the plan and awarded her long-term disability benefits to the date of judgment in the amount of $928,954.90. The court also concluded in that decision that Ms. Macalou was entitled to reasonable attorneys’ fees and costs under ERISA, as well as prejudgment interest. Following that decision, Ms. Macalou moved for an award of $252,358.50 in attorneys’ fees for her counsel at the law firm Hiller, PC, as well as recovery of $6,862.34 in costs, and $337,891.47 in prejudgment interest at a rate of 21.8%. The court instead awarded Ms. Macalou $230,083.65 in attorneys’ fees, $6,660.29 in costs, and $139,497.54 in prejudgment interest in this order. The court discussed the reasonableness of the fees first. Ms. Macalou sought the following hourly rates for her attorneys and paralegals: Michael S. Hiller (Managing Partner): $895 for 54.75 hours; Jason Zakai (Partner): $600 for 0.7 hours; Paul M. Kampfer (Senior Counsel): $600 for 369.93 hours; Susan Fauls (Senior Paralegal): $225 for 10.5 hours; and Conor Spangfort (Paralegal): $165 for 9.65 hours. The court approved the hourly rates for everyone except the managing partner, Mr. Hiller. The court reduced his rate to $810 in light of the fact that another court in the district awarded a highly experienced lead counsel in an ERISA case an hourly rate that was noticeably lower than the rate Ms. Macalou requested for Mr. Hiller. The court explained that “[t]his reduction also keeps Hiller’s rate from exceeding the rates found to be reasonable in other recent ERISA cases, while reflecting an apparent general increase in the rates found to be reasonable in this District in the past two years for experienced partners. In addition, Hiller’s modified rate is consistent with his experience, reputation, and the nature and caliber of the work performed here.” The court saw no reason to reduce the hourly rates Ms. Macalou requested for the rest of her legal team, as they were commensurate with rates approved in the most recent ERISA cases in the Southern District of New York. Next, the court assessed the number of hours expended. Although the court disagreed with First Unum’s assertion that time entries were vague, it nevertheless determined that two of its specific objections to the time billed were valid – (1) that counsel logged too many hours working on the reply brief and (2) that paralegal Spangfort billed a total of six hours for exhibit preparation on a date when the brief in question did not yet include any exhibits. To go along with these two specific issues, the court further agreed with First Unum that Hiller, PC’s lack of delegation to its associates for certain tasks warranted a percentage reduction. Taken together, the court concluded that an overall 15% reduction in the number of hours would be appropriate. The court was thus left with its final fee award of $230,083.65 ($22,274.85 less than the requested amount). As for costs, the court quickly awarded the full amount requested, determining that they were reasonable and consisted of expenses which are all recoverable. Finally, the court addressed the parties’ dispute over the appropriate rate of prejudgment interest. Ms. Macalou argued for prejudgment interest at a rate of 21.8% to reflect First Unum’s operating return on equity during the relevant time period and to compensate her for the loans and credit card debt she was forced to take on to pay for her living expenses absent the payment of her disability benefits. First Unum, on the other hand, urged the court to apply New York’s statutory simple interest rate of 9% for a total sum of $139,497.54. Because Ms. Macalou could not point to any case where a court had awarded in excess of the 9% New York State statutory interest rate, the court concluded that this amount was appropriate and would strike a good balance between fairly compensating her without unduly penalizing First Unum. For these reasons, the court granted Ms. Macalou’s fee motion but adjusted the amounts of both the attorneys’ fees and the prejudgment interest.
Sixth Circuit
Bennett v. The Prudential Ins. Co. of Am., No. 23-11070, 2025 WL 2452378 (E.D. Mich. Aug. 26, 2025) (Judge Jonathan J.C. Grey). After the death of their son Kennedy James Bennett, the father and mother, James and Kimberly Bennett, each filed competing claims for their son’s $70,000 life insurance proceeds under an ERISA-governed policy. On January 24, 2024, the parties reached a settlement agreement at a conference conducted by a Magistrate Judge. The settlement provided for a 35% recovery of the proceeds plus 35% of any accrued interest to be paid to Ms. Bennett, with the remaining 65% of the proceeds plus 65% of any accrued interest to be paid to Mr. Bennett. The claimants further agreed to fully discharge defendant The Prudential Life Insurance Company of America and release their claims against it upon payment of the proceeds. However, following the settlement conference Ms. Bennett expressed reservations. She refused to sign the final settlement agreement, claiming there were inaccuracies in the final draft. The inaccuracies she was concerned with did not appear to involve the actual percentage of recovery. However, Ms. Bennett does not deny that she agreed to the settlement. Instead, she expressed to the court her dissatisfaction with the performance of her attorney, Rabih Hamawi, and her view that he failed to vindicate her concerns regarding insurance beneficiary designation and changes. Notably, Ms. Bennett does not identify any fraud or mutual mistake in the settlement negotiation process. Mr. Bennett responded to Ms. Bennett’s attempts to back out by filing a motion to enforce the settlement agreement. The Federal Pro Se Legal Assistance Clinic also moved for attorneys’ fees under ERISA Section 502(g) for the time and effort spent to enforce the settlement agreement. Meanwhile, Mr. Hamawi, Ms. Bennett’s former counsel, moved to enforce his attorney lien. The court granted all of the motions before it in this decision. First, the court enforced the settlement agreement. It found that the settlement agreement reached on January 24, 2024 was valid and enforceable as the parties “agreed to all essential terms, specifically, the distribution of the proceeds and general releases.” The court noted that the Clinic even offered to have Ms. Bennett review all documentation in its possession in order to help assuage her concerns about discovery, an offer she did not accept. The court therefore granted the motion to enforce the settlement agreement. Next, the court assessed the Clinic’s motion for $5,684 in attorney fees under Section 502(g)(1) for the 16.24 hours professor Barbara A. Patek performed after Ms. Bennett refused to sign the settlement agreement. The court decided that several relevant factors strongly favor granting the Clinic attorney’s fees, including the fact that Ms. Bennett engaged in conduct the court viewed as “culpable” in her refusal to abide by the terms of the settlement despite extensive efforts to encourage her to do so by both her counsel and the court. The court stated that “granting the motion for attorney’s fees will incentivize future litigants from reneging on settlement agreements.” And here, “the evidence as to the existence and validity of the Settlement is overwhelming.” Given these factors, and the Clinic’s modest and narrowly tailored fee request, the court concluded that $5,684 in attorney fees was reasonable under the circumstances. Accordingly, the court granted the Clinic’s fee motion. Finally, the court assessed Mr. Hamawi’s motion seeking fees representing 33.33% of Ms. Bennett’ entire recovery, which had been their contingent fee arrangement, as well as his request to recover $2,686.16 in costs incurred, for a total of $10,852.01. On balance, the court decided to reduce Mr. Hamawi’s fee request by 25%, or $2,041.46, given Ms. Bennett’s dissatisfaction with her representation and the fact that a $10,852.01 award would substantially diminish her recovery. Thus, the court awarded Mr. Hamawi $6,124.39 in attorney’s fees, in addition to $2,686.16 in costs incurred, for a total of $8,810.55 to be paid from Ms. Bennett’s share of the insurance proceeds. The court therefore enforced the attorney’s lien, albeit in a slightly modified fashion.
Breach of Fiduciary Duty
Fourth Circuit
Fisher v. GardaWorld Cash Service, Inc., No. 3:24-CV-00837-KDB-DCK, 2025 WL 2484271 (W.D.N.C. Aug. 28, 2025) (Judge Kenneth D. Bell). Plaintiffs Blair Artis and Johnathan Fisher are current and former employees of defendant GardaWorld Cash Service, Inc. and were enrolled in GardaWorld’s employer-sponsored health plan. Plaintiffs allege that the plan as written is charging unlawful tobacco and vaccine wellness surcharges under ERISA and Department of Labor regulations. Pursuant to these plan terms, plaintiffs and other similarly situated employees were assessed surcharges for tobacco use and for failing to obtain vaccination against COVID-19. Plaintiffs maintain that the plan’s tobacco and vaccine programs are in violation of 29 C.F.R. § 2590.702(f)(3) and (f)(4) because (1) they fail to notify participants that personal physician recommendations will be accommodated, (2) they omit any notice of the availability of a reasonable alternative standard, and (3) they prevent participants from earning the full reward through reasonable alternative standards by not offering retroactive surcharge refunds. Consequently, plaintiffs allege that the plan does not qualify for the exemption to ERISA’s prohibition on discriminating based on health status. In their complaint, plaintiffs assert claims for fiduciary breach and for unlawful imposition of discriminatory surcharges. GardaWorld moved to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6). The court addressed the threshold issue of Article III standing first. GardaWorld contended that plaintiffs have not alleged they suffered a cognizable injury because neither claimed to qualify for, or to have sought the reasonable alternative standard under, either program, and therefore could not have earned any surcharge avoidance under the plan. The court responded that, “[w]hile not meritless, GardaWorld’s argument misinterprets Plaintiffs’ position. Plaintiffs assert more than mere procedural violations; they allege the Plan as written fails to qualify for the exemption and thus constitutes prohibited discrimination under ERISA and DOL regulations. Moreover, they claim that because the plan is ‘unlawful,’ the associated surcharges (which both Plaintiffs claim to have paid) are similarly unlawful.” Should plaintiffs prove correct on the merits, the court determined that they alleged a concrete injury in the form of their surcharge payments that is traceable to GardaWorld’s decision to impose the tobacco and vaccine surcharges under discriminatory terms. Moreover, the court concluded that this harm can be redressed by a refund of the surcharge. Accordingly, the court disagreed with defendant that plaintiffs lack standing. It thus turned to the merits of their causes of action. Beginning with the breach of fiduciary duty claim, the court noted that plaintiffs asserted it under Section 1132(a)(2), and thus brought the claim in a representative capacity on behalf of the plan. As a result, the court stated that it is not enough to allege individual losses; plaintiffs must also assert that the plan was harmed in some way in connection with the unlawful surcharges. Here, plaintiffs had a problem. They alleged that GardaWorld harmed the plan by using the surcharge payments for its own financial advantage in violation of ERISA’s prohibited transaction provisions. The court disagreed. First, the court was unconvinced that unpaid employer contributions are assets of the plan. Moreover, even assuming GardaWorld benefitted from a reduced financial obligation to the plan, the court found that this action did not fundamentally harm the plan at all. Plaintiffs’ remaining allegations – that defendant did not pay individual participants the full reward and administered the plan in violation of ERISA’s anti-discrimination requirements – were found by the court to be individual harms, not harms to the plan. As a consequence, the court granted the motion to dismiss the breach of fiduciary duty claim. The claims alleging unlawful imposition of discriminatory surcharge were another matter. The court stated that it need not consider each of plaintiffs’ assertions regarding the ways in which the surcharges violate ERISA, because it agreed with them that the plan lacks any language informing its participants of the option to involve their personal physician or that personal physician recommendations will be accommodated. To impose the tobacco and vaccine surcharges on plan participants without violating ERISA’s anti-discrimination rules, GardaWorld must satisfy all of the regulatory requirements under the statute. Because plaintiffs have plausibly alleged they have not done so, the court concluded that they have also plausibly alleged their claims. Accordingly, the court denied the motion to dismiss the claims asserting the unlawful imposition of discriminatory surcharge.
Disability Benefit Claims
First Circuit
Bernitz v. USAble Life, No. 24-1598, __ F. 4th __, 2025 WL 2463092 (1st Cir. Aug. 27, 2025) (Before Circuit Judges Montecalvo, Lipez, and Aframe). Following a long history of back problems, plaintiff-appellant Steven Bernitz stopped working as the Senior Vice President of Corporate Development for Synta Pharmaceuticals in June 2014 due to chronic back pain. Mr. Bernitz then submitted a claim for long-term disability benefits under an insurance plan administered by USAble Life. His claim was approved, and for years thereafter he received monthly disability benefits. However, in December of 2019, USAble determined that Mr. Bernitz had experienced significant improvement in his health, as demonstrated by certain lifestyle changes the insurer observed through surveillance, and thus concluded that he was no longer eligible for continued benefits. Mr. Bernitz was unsuccessful in overturning this decision during the lengthy administrative appeals process, and so on May 1, 2022, he commenced this ERISA lawsuit. Under the arbitrary and capricious standard of review compelled by the ERISA plan, the district court upheld the adverse decision, concluding it was not unreasonable or unsupported by evidence. Mr. Bernitz timely appealed. The First Circuit upheld the lower court’s grant of summary judgment. On appeal, Mr. Bernitz offered three reasons why he believed the district court erred in its conclusions: (1) it failed to fully examine USAble’s structural conflict of interest as both adjudicator of claims and payor of benefits as required by law; (2) it failed to analyze whether USAble followed specific provisions of the Plan, including the Plan’s narrow definition of disability; and (3) the record evidence conclusively established that Bernitz is disabled under that definition. The court of appeals did not agree. As an initial matter, the First Circuit concluded that the district court appropriately observed that USAble Life took significant steps to insulate its claims review process and mitigate its structural conflict of interest, including its use of third-party vendors and independent physicians to review and analyze the claim and medical records. Thus, while a conflict of interest existed, the appeals court determined that the district court was correct that it did not need to be given significant weight. Moreover, the appellate court disagreed with Mr. Bernitz that case-specific factors suggested that the conflict of interest played an adverse role in the way USAble handled his claim. What Mr. Bernitz called case-specific factors the First Circuit saw as simply “characterizations of record evidence that is unfavorable to Bernitz,” and declared that the mere presence of evidence contrary to the administrator’s decision “does not make the decision unreasonable, provided substantial evidence supports the decision.” The First Circuit also disagreed with Mr. Bernitz that USAble Life failed to follow the express provisions of the plan. “USAble’s termination decision rests heavily on Bernitz’s significant weight loss and its attendant health and back pain benefits; his travel to domestic and international destinations, including a safari in Africa; and reports of Bernitz taking college classes, driving, walking up to half a mile, exercising with a personal trainer, and playing pickleball. We find that these justifications, documented in Bernitz’s medical files and surveillance reports, reasonably support the conclusion that Bernitz was able to perform every single material duty identified in the vocational assessment.” Thus, the court of appeals was confident that USAble Life sufficiently showed that Mr. Bernitz could meet the sitting, standing, walking, typing, and occasional travel demands of his occupation. Finally, the First Circuit determined that the record evidence reasonably and substantially backed up USAble’s conclusion that Mr. Bernitz’s condition had improved to the point where he could no longer be considered disabled under the plan, and that USAble satisfied its burden to explain this view. As a result, under its deferential standard of review, the court of appeals found that the district court adequately upheld the denial and entered judgment in favor of USAble Life.
Discovery
Sixth Circuit
DiGeronimo v. UNUM Life Ins. Co. of Am., No. 1:22-cv-00773, 2025 WL 2459557 (N.D. Ohio Aug. 27, 2025) (Judge David A. Ruiz). In this action plaintiff Donald DiGeronimo seeks judicial review of defendant Unum Life Insurance Company’s denial of his claim for long-term disability benefits due to epilepsy related seizures. Pending before the court here was Mr. DiGeronimo’s discovery motion requesting that Unum be compelled to respond to interrogatories, produce documents, and engage in depositions. The court exercised its discretion to deny Mr. DiGeronimo’s motion. It found that his motion was “premised on speculation or mere allegations without meaningful factual foundation.” The court broadly agreed with Unum that Mr. DiGeronimo offered nothing more than mere allegations of bias and that his discovery request amounted to a fishing expedition. The court further stated its view that ERISA discovery requests concerning denial rates are of minimal value. The court also held that there was no indication in the present matter that Unum’s reviewers had a financial incentive to deny benefit claims and found “that the mere fact that an employee may not receive a bonus unless the company is profitable does not, without more, establish a sufficient foundation for bias to permit the extensive discovery sought.” Finally, the court held that Unum’s refusal to provide Mr. DiGeronimo with the resumes of its reviewers during the appeals process did not provide a foundation for opening up extensive discovery. For these stated reasons, the court denied the discovery motion, leaving the record as is.
ERISA Preemption
Ninth Circuit
Quinn v. Southern Cal. Edison Co., No. 2:25-cv-02624-ODW (KSx), 2025 WL 2432658 (C.D. Cal. Aug. 22, 2025) (Judge Otis D. Wright, II). From 1979 until his retirement in 2009 plaintiff Daniel Quinn was employed by Southern California Edison Company as a nuclear technical specialist at the company’s San Onofre nuclear generating station. For employees and retirees of the company residing outside of its service territories, Southern California Edison provided a 25% reimbursement for their electric service costs. Mr. Quinn received the electric service reimbursement benefit while he was an employee at Southern California Edison pursuant to an employee benefit plan, and following his retirement pursuant to a retirement plan. In 2023, the company did away with this benefit. Mr. Quinn sued his former employer in state court, and Southern California Edison responded by removing the case to federal court. Mr. Quinn filed a motion to remand, while Southern California Edison moved to dismiss the complaint. In this order the court denied the motion to remand and granted the motion to dismiss with prejudice. The court began with the motion to remand. It agreed with Southern California Edison that Mr. Quinn’s breach of contract, breach of fiduciary duty, and breach of implied covenant of good faith and fair dealing claims stem from the written retirement benefit plan governed by ERISA. As a result, the court concluded that both prongs of the Davila complete preemption test were satisfied, given the fact that Mr. Quinn seeks damages “including but not limited to the loss of retirement benefits to which he is entitled, and loss of use of the promised retirement benefits.” This type of relief, the court held, is available under Section 502(a) of ERISA, and only under ERISA. Accordingly, the court was satisfied that it has federal jurisdiction over this matter, and that remand is not appropriate. The court then discussed the motion to dismiss. First, the court granted the motion to dismiss the three state law causes of action that it established are completely preempted by ERISA. Mr. Quinn requested leave to amend these claims to avoid implicating the terms of the ERISA plan or the provisions of ERISA, but the court found that amendment could not possibly make the claims independent of ERISA. The court thus dismissed the breach of contract, breach of fiduciary duty, and breach of implied covenant of good faith and fair dealing claims with prejudice. Finally, the court considered Southern California Edison’s argument that Mr. Quinn’s remaining state law employment claims are barred by federal law because the nuclear plant is located within the federal enclave of Camp Pendleton. In response, Mr. Quinn contended that the injury at issue here is the revocation of his electric service reimbursement benefit, and that this harm did not occur in a federal enclave. The court did not agree. Rather, it held that for Mr. Quinn’s employment-based claims, his place of employment is the significant factor in determining whether his employment claims arose under the federal enclave doctrine. The court therefore determined that the locus of the remaining state law claims is the San Onofre nuclear generating station. The court then dismissed the employment-based state law claims on the grounds that each one is barred by federal law, either because it is inconsistent with state law or because the state law was enacted after Camp Pendleton became a federal enclave in the early 1940s. Again, the court determined that amendment could not cure these deficiencies. Consequently, the court dismissed all of Mr. Quinn’s claims with prejudice.
Medical Benefit Claims
Tenth Circuit
A.H. v. Healthkeepers, Inc., No. 2:22-cv-368-TS-CMR, 2025 WL 2463195 (D. Utah Aug. 26, 2025) (Judge Ted Stewart). In her teen years H.H. made several suicide attempts, engaged in self-harming behaviors, and was hospitalized multiple times. Her family enrolled her in various treatment programs, but each failed to adequately treat her ongoing mental health issues. As a result, in February of 2021, H.H.’s family admitted her to a residential treatment facility in Utah which specializes in treating teenagers experiencing mental health crises. The problem for her family was that their healthcare plan, insured and administered by Healthkeepers, Inc. (part of the Anthem Blue Cross conglomerate), would not cover the treatment because the facility was not appropriately accredited as required by the plan. After the coverage denial was upheld on appeal, the H. family sued under ERISA, asserting a single claim under the Mental Health Parity and Addiction Equity Act. Each party moved for summary judgment. In this decision the court granted Healthkeepers’ motion for judgment and denied plaintiff’s competing motion. At bottom, the court rejected both plaintiff’s facial and as-applied Parity Act challenges because it concluded that there was simply no evidence “that the credentialling requirements [in the plan] are any more onerous for mental health treatment facilities than for their medical/surgical counterparts or that they were enforced unevenly.” To the contrary, it appeared that the plan required all health delivery organizations and facilities, be they medical/surgical or mental health/addiction treatment facilities, to be appropriately credited, and that the plan also offered all facilities the same carveout and alternative path to receive approval in the event that traditional accreditation was for some reason complicated or unavailable for a given facility. Thus, the court concluded that there was no disparity between mental health providers and their medical or surgical counterparts with respect to eligibility requirements and coverage under the plan, either in the terms of the plan or how they were practically applied by Healthkeepers. As a result, the court determined that plaintiff’s Parity Act claim failed. It therefore entered judgment in favor of the defendant.
Pleading Issues & Procedure
Second Circuit
Aetna Life Ins. Co. v. Fast Lab Tech., LLC, No. 24-cv-2057 (PKC), 2025 WL 2463706 (S.D.N.Y. Aug. 27, 2025) (Judge P. Kevin Castel). Aetna Life Insurance Company initiated this action against the medical providers Dr. Martin Perlin and Fast Lab Technologies, LLC alleging that they engaged in a fraudulent COVID-19 testing scheme that caused Aetna to issue $2.4 million in wrongful payments. Fast Lab countersued under ERISA and state law seeking to recover $26 million on claims for COVID-19 tests that it maintains Aetna improperly denied without providing legitimate justifications. Aetna moved to dismiss all of Fast Lab’s counterclaims. In this decision the court granted Aetna’s motion. To begin, the court addressed Aetna’s grounds for dismissal of the provider’s ERISA claims. Aetna argued that Fast Lab had standing issues because it has not plausibly alleged that it received valid assignments from the patients. Additionally, Aetna contends that Fast Lab failed to exhaust administrative remedies prior to bringing claims under ERISA. The court disagreed with Aetna’s assertion that Fast Lab failed to plausibly allege that the Aetna members assigned their right to sue for reimbursement under ERISA. The court noted that Fast Lab quoted from the language of the assignments it alleges each of the insureds executed electronically as part of the registration process for its testing services. Based on the plain language of the assignment form, the court determined that the Aetna members plausibly authorized the provider to sue for benefits under their plans. Nonetheless, the court explained that more is required for Fast Lab to allege that it received “‘a valid assignment of a claim’ that comports with the terms of the at-issue ERISA plan.” This is where the court felt that the provider fell short, stating it had “not alleged any facts that would allow the Court to reasonably conclude that the assignments it received were consistent with the terms of any of the ERISA plans at issue. Fast Lab only offers the bare legal conclusion that ‘[u]pon information and belief, [Aetna’s] health plans do not prohibit members from assigning their rights to benefits, including direct payments, under the plan to Fast Lab,’ which the Court must disregard at this stage.” Therefore, the court held that Fast Lab did not plausibly allege that the assignments it received were valid under the terms of the thousands of ERISA plans under which it seeks payment so as to permit it to pursue claims under the statute. Moreover, the court agreed with Aetna that even if it put aside its reservations about Fast Lab’s standing to bring claims under ERISA, Fast Lab’s ERISA claims would nevertheless fail because the provider has not shown that it exhausted its administrative remedies under the ERISA plans before bringing its claims in court. For these reasons, the court dismissed the ERISA counterclaims. In addition, the court granted Aetna’s motion to dismiss the state law breach of contract claim, agreeing with the insurer that it is undisputed “in light of Fast Lab’s status as an out-of-network provider that there was no express contract between Fast Lab and Aetna.” As for Fast Lab’s promissory estoppel and unjust enrichment claims, the court concluded that they were not adequately pleaded, and that regardless they are preempted by ERISA, as they seek an alternate pathway to recovery of benefits under ERISA-governed healthcare plans, without attempting to enforce any obligation independent of those plans. Based on the foregoing, the court granted Aetna’s motion to dismiss all of Fast Lab’s counterclaims asserted against it.
Third Circuit
Gonzalez v. JPMorgan Chase Bank, No. 2:25-cv-01889-WJM-JRA, 2025 WL 2458344 (D.N.J. Aug. 26, 2025) (Judge William J. Martini). Plaintiff Alexandra Gonzalez sued JPMorgan Chase Bank, N.A. and those responsible for administering its ERISA-governed retirement plans on behalf of the plans and a putative class of their participants alleging that the fiduciaries breached their duties of prudence and monitoring. Defendants moved to dismiss the action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). In addition, the Stable Value Investment Association and the Chamber of Commerce of the United States of America moved for leave to file a brief as amici curiae. The court did not address the motion to dismiss for failure to state a claim or the motion for leave to file an amicus brief, as it instead agreed with defendants that the settlement agreement and general release Ms. Gonzalez entered into on January 19, 2025 bars her from bringing her breach of fiduciary duty claims under ERISA and moots her action. “Here, the Agreement includes an unambiguous covenant in which Plaintiff promised not to sue Defendants under ERISA.” Ms. Gonzalez raised three arguments as to why the agreement does not moot her claims, but the court found each unavailing. First, the court disagreed that the promise not to sue and class and collective action waiver provisions are unenforceable. Ms. Gonzalez attempted to stretch the logic of the effective vindication decisions voiding arbitration clauses containing similar provisions, but the court found those cases inapposite. In contrast to those cases, “this case involves a covenant not to sue and a class action waiver in a separate settlement agreement, not a plan document. Such individual settlement agreements that waive ERISA claims are enforceable because they ‘merely settle[] an individual dispute without altering a fiduciary’s statutory duties and responsibilities.’” Ms. Gonzalez’s second argument similarly failed. She argued that the agreement lacks a covenant not to sue distinct from the general release that defendants concede is unenforceable. The court responded that contrary to her position, the promise not to sue is found in a different paragraph from the release provisions. Finally, the court concluded that none of the agreement’s exceptions – for personal or business accounts, for payment of vested benefits under the terms of a plan, and for claims accruing after the execution date, January 19, 2025 – apply here. Having rejected Ms. Gonzalez’s arguments, the court agreed with defendants that her action must be dismissed because Ms. Gonzalez signed the agreement promising not to sue or to join a class action lawsuit against defendants thereby contracting away her right to bring those claims on behalf of the plan.
Sixth Circuit
Elliott v. Unum Life Ins. Co., No. 3:25 CV 1750, 2025 WL 2481007 (N.D. Ohio Aug. 28, 2025) (Judge James R. Knepp II). Seeking to challenge the social security disability (“SSDI”) benefit off-set in his ERISA-governed long-term disability benefit plan, pro se plaintiff Eric Elliott filed this action against defendants Unum Life Insurance Company of America, Brown & Brown, Vontier Corporation, and the Vontier Corporation Long-Term Disability Plan. Mr. Elliott alleges that the plan’s SSDI benefit offset violates ERISA and seeks injunctive, declaratory, and monetary relief preventing defendants from enforcing it. In addition to his complaint, Mr. Elliott filed a motion for a temporary restraining order (“TRO”) seeking to enjoin defendants from applying the challenged offset to his disability benefits. He also filed a motion for accommodations under the Americans with Disabilities Act. The court denied both of Mr. Elliott’s motions in this order. First, the court declined to issue a blanket ruling extending deadlines for filings and responses to account for Mr. Elliott’s cognitive limitations and fatigue. Such a broad request, the court determined, contravenes the Federal Rules of Civil Procedure, to which pro se litigants must still adhere. Thus, the court denied the request, but stated that “[t]o the extent Plaintiff wishes to seek extensions of time or other rulings permitted by the Federal Rules of Civil Procedure, he may do so in the context of the ongoing case.” Next, the court denied the TRO motion, holding that Mr. Elliott failed to demonstrate he is entitled to the extraordinary remedy of a TRO. “The Court cannot conclude on the basis of Plaintiff’s allegations alone that he is likely to succeed on the merits of his ERISA claims. Nor does the Court find that Plaintiff has demonstrated irreparable injury.” For these reasons, the court denied both of Mr. Elliott’s motions.
Eleventh Circuit
Abira Med. Lab., LLC v. WellCare Health, No. 8:24-cv-1278-MSS-NHA, 2025 WL 2476022 (M.D. Fla. Aug. 28, 2025) (Judge Mary Stenson Scriven). Plaintiff Abira Medical Laboratories, LLC filed this action against WellCare Health seeking reimbursement of claims for medical services under ERISA and state law. Defendant WellCare Health moved to dismiss the complaint. The matter was assigned to Magistrate Judge Natalie Hirt Adams. On July 22, 2025, Judge Adams issued a report and recommendation recommending the court grant in part and deny in part the motion to dismiss. The Magistrate specifically recommended that the court deny the motion to dismiss the ERISA claims, but grant the motion to dismiss the breach of contract and negligence claims on the basis of shotgun pleading. However, the report also recommended that the court deny the motion to dismiss to the extent it requests dismissal of the state law causes of action as preempted by ERISA. Dissatisfied with the Magistrate’s conclusions, each party timely filed objections to the report. In this brief order the court overruled the parties objections, granted the motion to dismiss in part, as recommended by the Magistrate, allowed Abira leave to file an amended complaint in which each claim for relief is asserted under its own count, and ordered Abira to file an affidavit providing certain information explaining who the real party-in-interest is in this case. To begin, the court overruled WellCare Health’s objection to the report’s recommendation that the court deny the motion to dismiss the ERISA claims. Defendant argued that case law requires plaintiffs suing for payment under ERISA plans to identify in their complaint the specific ERISA plan or plans and the specific terms under them that provide coverage. The court disagreed, stating that “Defendant cites no reported or binding case law that requires a plaintiff to identify in the complaint the specific ERISAplan under which the plaintiff seeks payment.” Instead, viewing the ERISA allegations in the complaint in the light most favorable to the provider, the court determined that they satisfy pleading requirements and survive the challenge under Rule 12(b)(6). However, the court did voice another independent concern. It noted that in a separate but similar case filed by Abira plaintiff has indicated that it no longer holds a laboratory medical testing license. The court was concerned that because it is no longer a practicing healthcare provider, Abira may not be the real party-in-interest in this litigation. Therefore, the court directed Abira to identify by affidavit any person or entity with an interest in these claims and advise who is funding this litigation and whether a subsequent assignment of the insureds’ claims asserted in this action have been made to any person or entity. The court then turned to plaintiff’s objections. It overruled them too, and agreed with the Magistrate that the state law causes of action are currently insufficiently pled because each state law claim impermissibly includes multiple claims under one count. Accordingly, upon consideration of the party’s objections, the court concluded that the report and recommendation should be affirmed and adopted in full, and that the current complaint should be dismissed in part, without prejudice.
Statutory Penalties
Seventh Circuit
Nash v. Retirement Committee, No. 3:24-CV-173-NJR, 2025 WL 2480613 (S.D. Ill. Aug. 28, 2025) (Judge Nancy J. Rosenstengel). On June 19, 2021, plaintiff Mary Nash’s husband, Barry, died, leaving her as his sole beneficiary under the Pfizer Consolidated Pension Plan. Ms. Nash’s communications with the Retirement Committee, the plan’s administrator, were unsatisfying and after nearly two and a half years of attempting to obtain information and ultimately accurate benefit payments, Ms. Nash sued Pfizer in state court in Illinois. The Retirement Committee removed the case to federal court, and the district court then stayed the action until November 15, 2024 to allow Ms. Nash time to exhaust her administrative remedies under the plan. After exhausting the administrative review process, Ms. Nash filed an amended complaint raising two counts against the Retirement Committee: (1) a claim for statutory civil penalties under 29 U.S.C. § 1024(b)(4) for defendant’s failure to timely furnish plan documents as required under ERISA, and (2) a claim for breach of fiduciary duty under ERISA. The Retirement Committee filed a motion to dismiss. Upon defendant’s filing of the motion to dismiss, Ms. Nash voluntarily dismissed count two. Accordingly, the question remaining before the court here was whether Ms. Nash alleged sufficient facts to state a claim for damages under 29 U.S.C. § 1024(b)(4). It concluded that she had not. The Retirement Committee argued that the letter Ms. Nash’s attorney sent on March 2, 2023 could not form the basis for a statutory penalties claim because it was deficient in several ways. First, it was not addressed to the Retirement Committee, but to the “Pfizer Benefits Center.” Second, it was mailed to a post office box in Cincinnati, Ohio, rather than to the Retirement Committee’s address in New Jersey, which is plainly indicated in plan documents. Third, the letter did not come from Ms. Nash, but from an attorney purporting to represent her. The Retirement Committee argued that an unverified request from an attorney does not trigger disclosure obligations from a plan administrator. Ms. Nash admits that the letter was sent to the wrong entity at the wrong address and that it did not specifically authorize counsel to act on her behalf. But she argued that these flaws should not be considered fatal to her civil penalties claim under § 1132(c)(1)(B). The court ultimately did not address whether the unverified request from Ms. Nash’s attorney triggered any disclosure obligations. Instead, it held that because the letter was not sent to the plan administrator or even to the correct address Ms. Nash failed to state her claim. Indeed, the court noted that there are no facts in the complaint which suggest that the Retirement Committee “received or was even aware of counsel’s March 2, 2023 letter.” These facts, the court held, are dispositive of the claim. As a result, the court granted the Retirement Committee’s motion to dismiss the statutory penalties claim. However, the court dismissed the complaint without prejudice and allowed Ms. Nash 30 days to file an amended complaint should she wish to.
