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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attorneys’ Fees

Second Circuit

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

Sixth Circuit

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

Breach of Fiduciary Duty

Fourth Circuit

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

Disability Benefit Claims

First Circuit

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

Discovery

Sixth Circuit

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

ERISA Preemption

Ninth Circuit

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

Medical Benefit Claims

Tenth Circuit

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

Pleading Issues & Procedure

Second Circuit

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

Third Circuit

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

Sixth Circuit

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

Eleventh Circuit

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

Statutory Penalties

Seventh Circuit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Breach of Fiduciary Duty

First Circuit

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

Second Circuit

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

Third Circuit

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

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

Fourth Circuit

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

Class Actions

Eleventh Circuit

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

Discovery

Fourth Circuit

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

ERISA Preemption

Ninth Circuit

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

Life Insurance & AD&D Benefit Claims

Seventh Circuit

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

Eighth Circuit

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

Medical Benefit Claims

Tenth Circuit

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

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

Pension Benefit Claims

Federal Circuit

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

Pleading Issues & Procedure

Second Circuit

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

Provider Claims

Fifth Circuit

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

Statute of Limitations

Eleventh Circuit

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

Platt v. Sodexo, S.A., No. 23-55737, __ F.4th __, 2025 WL 2203415 (9th Cir. Aug. 4, 2025); Avecilla v. Live Nation Entertainment, Inc., No. 23-55725, __ F. App’x __, 2025 WL 2206153 (9th Cir. Aug. 4, 2025) (Before Circuit Judges Friedland and Desai, and District Judge Karen E. Schreier)

In these two cases the Ninth Circuit, like so many circuit courts before it, tackled the interplay between arbitration and ERISA. Both appeals addressed the same issues, and rather than write two nearly identical decisions, the court elected to issue a longer published opinion in Platt while referencing that ruling in a shorter companion memorandum in Avecilla. As a result, in order to simplify things, we’ll limit our analysis to the Platt decision.

The plaintiff was Robert Platt, an employee of Sodexo, Inc., the food services and facilities management company. He filed suit against Sodexo, alleging that its imposition of a monthly tobacco surcharge on his employee health insurance premiums violated ERISA. He brought class action claims under two provisions. First, Platt alleged that the plan violated § 502(a)(3) because it failed to provide a “reasonable alternative standard” for plan participants to avoid paying the surcharge, and did not provide notice of such a standard. Second, Platt asserted a class claim under § 502(a)(1)(B) for violating the plan in implementing the tobacco surcharge. Finally, Platt alleged a breach of fiduciary duty claim under § 502(a)(2) on behalf of the plan.

Sodexo moved to compel arbitration based on a provision that it had unilaterally added to the plan in 2021. The district court denied Sodexo’s motion on two grounds. First, it ruled that the plan did not allow Sodexo to unilaterally add the arbitration provision. Second, it ruled that Platt, who had become a plan participant in 2016, i.e., before the amendment, had never agreed to arbitration. In so ruling the district court dodged other arguments made by Platt, which included that the plan’s arbitration agreement was unenforceable because it violated the effective vindication doctrine and because parts of it were unconscionable. (Your ERISA Watch covered the district court’s ruling in our August 2, 2023 edition.)

Sodexo appealed. The Ninth Circuit agreed with some of the district court’s rulings, and disagreed with others, but the result was largely a win for Platt and his fellow employees.

First, the Ninth Circuit noted that in order to compel arbitration, there must be a valid agreement between the parties in which both sides consent to arbitration. Sodexo argued that consent was unnecessary because ERISA allows plan administrators the freedom to amend plans as they wish, including the addition of arbitration provisions. However, the Ninth Circuit ruled that ERISA does not address arbitration and thus refused to interpret ERISA in a way that would displace ordinary arbitration rules, including the necessity of consent.

Because consent was required, the Ninth Circuit next asked who the relevant consenting parties were. For Platt’s claims under § 502(a)(1)(B) and § 502(a)(3), the court ruled that Platt was the relevant party. After all, Platt had alleged that he and other plan participants had been forced to pay an illegal fee because of the plan’s unlawful tobacco surcharge provision, and thus they had been harmed and were required to give consent to arbitration.

The court further ruled that Platt had not agreed to arbitration. Sodexo contended that because Platt continued participating in the plan after Sodexo added the arbitration provision, Platt had effectively consented to the provision. However, Platt did not recall receiving notice of a 2021 summary of material modifications explaining the amendment, and Sodexo could not produce the email it claimed it had sent to Platt which included a copy of that summary. The best Sodexo could do was produce an email to Platt in 2022 which included a hyperlink to the new summary plan description which included the arbitration provision. However, the provision was buried on page 153 of a 170-page document.

The court ruled that these communications “did not provide sufficient notice of the arbitration provision… It is unreasonable to expect that Platt would notice a new arbitration provision hidden in a lengthy document.” Furthermore, “the 2022 email contained no express language that Sodexo was adding the new arbitration provision or that his continued participation in the Plan constituted consent or agreement to the new provision.” Even if Sodexo’s communications had been satisfactory, the court ruled there still was insufficient notice to establish consent. There was no evidence that Platt had given “some indication of assent to the contract.” As a result, “the arbitration provision is unenforceable as to his § 502(a)(1)(B) and § 502(a)(3) claims.”

The court’s analysis differed when it came to Platt’s § 502(a)(2) claim, however. On that claim, the court concluded that the plan was the relevant consenting party, not Platt. This was because Platt brought this claim in a representative capacity on behalf of the plan. In his claim he sought redress on behalf of the plan for losses the plan incurred from Sodexo’s alleged fiduciary breaches and for profits that Sodexo improperly obtained using plan assets. The court easily found that the plan had consented to arbitration: “Because the terms of the Plan expressly cede broad authority to Sodexo to amend its terms, a reasonable person would believe that the Plan consented to the arbitration provision that was added by Sodexo.”

However, Sodexo was not out of the woods. Platt argued that even if the plan consented to the arbitration provision, it was still invalid under the effective vindication doctrine. The court agreed. The Ninth Circuit noted that § 502(a)(2) authorizes plan participants to bring actions for relief on behalf of the plan. However, the plan’s arbitration provision contained a representative action waiver “which expressly precludes Platt from bringing claims in a representative capacity on the Plan’s behalf.” Because this provision precluded Platt from obtaining plan-wide relief explicitly authorized by ERISA, it prevented him from “effectively vindicating” his rights under ERISA, and thus it was unenforceable. The Ninth Circuit added that this conclusion was consistent with the decisions of other circuit courts which had applied the effective vindication doctrine. (For further background on the doctrine, feel free to read Your ERISA Watch’s analyses of similar decisions from the Sixth, Seventh, and Tenth Circuits.)

The Ninth Circuit also ruled that Platt’s unconscionability arguments were viable. Sodexo contended that those arguments were rooted in California state law, and thus could not be used in an ERISA case, which of course is governed by federal law. However, the Ninth Circuit agreed with Platt that his unconscionability arguments were federal in nature. After all, the Federal Arbitration Act allows “generally applicable contract defenses, such as fraud, duress, or unconscionability” to invalidate arbitration agreements. Thus, Platt was free to allege such defenses under federal common law, “borrowing from state law where appropriate, and guided by the policies expressed in ERISA and other federal labor laws.” The court did not opine as to whether any of the provisions identified by Platt were unconscionable or not, or whether the unlawful representative action waiver could be severed from the rest of the arbitration provision, leaving that to the district court for further consideration.

As a result, the Ninth Circuit concluded that (a) “no arbitration agreement exists between Platt and Sodexo for the ERISA § 502(a)(1)(B) and § 502(a)(3) claims because Platt did not consent to arbitration,” (b) “a valid arbitration agreement may exist between the Plan and Sodexo for the ERISA § 502(a)(2) claim because the Plan consented,” (c) “Platt may raise unconscionability defenses to arbitration under federal common law,” and (d) “the representative action waiver in the arbitration agreement violates the effective vindication doctrine.” Having affirmed in part and reversed in part, the Ninth Circuit thus remanded the case to the district court to sort out the issues with its new instructions.

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

Attorneys’ Fees

First Circuit

Jackson v. New England Biolabs, Inc., No. 23-12208-RGS, 2025 WL 2256261 (D. Mass. Aug. 7, 2025) (Judge Richard G. Stearns). Plaintiffs Melissa Jackson and Marta Meda filed this class action against New England Biolabs, Inc. and the other fiduciaries of the company’s employee stock ownership plan, alleging that defendants violated ERISA in the valuation of the company’s stock and through a 2019 amendment that set new methods for establishing the price paid for New England Biolabs stock which allegedly did not reflect the stock’s fair market value. On April 3, 2024, the court “dismissed the claims challenging the 2019 amendment and allowed the claims challenging the valuation to proceed.” The court then directed the parties to begin mediation. In April of 2025, the parties reached a formal settlement agreement, agreeing to a settlement fund worth $7,150,000. The court preliminarily approved the terms of the settlement and scheduled a fairness hearing for August 6, 2025. Before the court here was plaintiffs’ motion for attorneys’ fees, costs, expenses, and service awards to the two class representatives. In this order the court granted the fee motion, but awarded fees that were lower than what plaintiffs requested. The court tackled the motion for attorneys’ fees first. Plaintiffs’ counsel sought an award of attorneys’ fees equivalent to 25% of the settlement fund, approximately $1,787,500. The court determined that “a fee of 20% of the settlement fund [i]s a reasonable percentage, translating into an award of $1,430,000.” The court took time to recognize the complexity of this litigation and the substantial benefit counsel achieved for the class. It also stated that it wished to encourage efforts to bring cases to a prompt and just conclusion through successful mediation. Nevertheless, the court determined that there were certain factors present which offset these positives, including its dismissal of the claims relating to the 2019 amendment and the fact that no formal discovery took place. It concluded these factors warranted a slight downward adjustment of the fee request, hence the decision to adjust the common-fund award down to 20%. The court then assessed plaintiffs’ request for reimbursement of $17,445.31 in litigation expenses and $5,356 in settlement administration expenses. The court awarded these requested amounts in full, as it found them reasonable and appropriately documented. Finally, the court discussed the motion for class representative service awards. Ms. Jackson and Ms. Meda requested service award payments of $20,000 each. The court awarded them $15,000 each instead. It applauded plaintiffs for the risks they undertook bringing this action and for the time and effort they each spent representing the class. However, the court found that because neither sat for a deposition or participated in any formal discovery, a slight downward adjustment was appropriate, and more in line with other awards granted in the First Circuit. For these reasons, the court granted plaintiffs’ motion for attorneys’ fees, expenses, and class representative service awards, but not in the full amounts plaintiffs had hoped for.

Breach of Fiduciary Duty

Ninth Circuit

Wit v. United Behavioral Health, No. 14-cv-02346-JCS, 2025 WL 2227681 (N.D. Cal. Aug. 5, 2025) (Magistrate Judge Joseph C. Spero). Readers of Your ERISA Watch, even casual ones, are likely at least somewhat familiar with this long-running class action alleging that United Behavioral Health violated ERISA through its design and implementation of its own internal mental health guidelines that plaintiffs claim were unreasonable and inconsistent with generally accepted standards of medical care. For those of you who aren’t familiar with this case, suffice it to say that both sides have had their victories and defeats over the past 11 years. Indeed, both sides experienced some success and some failure in this most recent decision too, which was issued on remand following the Ninth Circuit’s fourth ruling in this matter. As the district court presented it, there were two issues to address on remand: (1) identifying any surviving aspect of the breach of fiduciary duty claim that was not based on the district court’s erroneous interpretations of the plans, and (2) assuming some part of the fiduciary breach claim survives, answering the threshold question of whether the fiduciary duty claim is subject to the exhaustion requirement. The parties each presented their own “all-or-nothing positions” on these two issues. Plaintiffs asserted that the court had not relied on any misinterpretation of the plan in support of its judgment on the breach of fiduciary duty claim, and therefore the claim survives the Ninth Circuit’s decision in its entirety. Plaintiffs also argued that exhaustion is not required for fiduciary breach claims. United Behavioral Health asserted that the fiduciary breach claim is essentially identical to the denial of benefits claims and thus the court is required to enter judgment in its favor on the claim. Further, United Behavioral Health argued that plaintiffs were required to exhaust administrative remedies before bringing their fiduciary breach claim. The court found that both sides’ positions on the question of what exactly survives of the fiduciary breach claim “deviate from the Panel’s holdings in Wit III and Wit IV.” The court stressed that while it had “no doubt that the Panel reversed [its] judgment on the breach of fiduciary duty as to at least some portion of that claim,” it was nevertheless unpersuaded by United’s argument that it was required to enter judgment in its favor on the whole of the claim. It noted that the panel could have adopted United Behavioral Health’s position in Wit III and Wit IV and instructed the court to enter judgment on the fiduciary breach claim, as it did with to the denial of benefits claim, but it did not do so. Thus, the court was left to parse what exactly of the fiduciary breach claim survived. It found its answer by splitting the claim into two distinct types of breach of fiduciary duty: a breach claim based on the application of the guidelines to the class members’ claims and a breach of the duty of loyalty and care based on the separate conduct of adopting the guidelines in the first place, which was done in order to serve its own financial self-interest. The court additionally clarified that it had recognized in its summary judgment order that plaintiffs “satisfied the harm element of their breach of fiduciary duty claim based on two kinds of harm: ‘the denial of their rights to Guidelines that were developed for their benefit and to a fair adjudication of their claims.’” Reading the Ninth Circuit’s decisions closely, the court came to the conclusion that “because the breach of fiduciary duty claim based on failure to adhere to plan terms implicates the application of the Guidelines to class members’ individual claims for benefits, that portion of the breach of fiduciary duty claim is intertwined with the error that the Panel found required reversal as to the denial of benefits claim. Therefore, the Court finds that the judgment it entered on the breach of fiduciary duty claim has been reversed with respect to the alleged breach based on failure to adhere to plan terms. On the other hand, the Court’s findings as to the breach of the duty of care and the duty of loyalty are not intertwined with the erroneous interpretation of the Plans identified by the Panel and therefore, the Court’s judgment on the breach of fiduciary duty claim survives to the extent that it is based on those theories.” The court then discussed whether the fiduciary duty claim is subject to the exhaustion requirement. It agreed with plaintiffs that it is not. The court stated, “Plaintiffs’ breach of fiduciary duty claim is based on ‘willful and systematic’ conduct, namely, adoption of Guidelines – ostensibly to implement the plans’ common [generally accepted standards of care] precondition – that were overly restrictive and put profits before the interests of plan beneficiaries. This conduct affected plan beneficiaries across-the-board and violated statutory requirements of ERISA, namely, the duties of loyalty and care under 29 U.S.C. §§ 29 USC § 1104(a)(1)(A) & (B).” Based on this understanding, the court found that the portion of the fiduciary breach claim that survived Wit III and Wit IV is a statutory claim for breach of fiduciary duty under ERISA, and not a disguised claim for benefits that would be subject to exhaustion. In the alternative, the court also concluded that the exhaustion of the surviving portion of the breach of fiduciary duty claim is excused based on its finding of futility. It wrote, “exhaustion would have been futile because [defendant’s] administrative appeal process required that the same Guidelines be applied to the appeal as were used to deny benefits. In other words, Plaintiffs who pursued administrative remedies under the plan would not have been able to challenge the conduct upon which the breach of the duties of loyalty and care are based, namely, [United Behavioral Health’s] adoption of Guidelines based on its own financial interest and not solely in the interest of plan participants.” For these reasons, although neither party came out entirely victorious here, plaintiffs at least maintain their fiduciary breach claim in some form and no longer have the issue of exhaustion hanging over their heads. The decision concluded with the court ordering the parties to meet and confer regarding next steps in this case. Thus, while we observers might be at our wits’ end with this case, Wit itself is still not at an end.

Tenth Circuit

Middleton v. Amentum Parent Holdings, LLC, No. 23-CV-2456-EFM-BGS, 2025 WL 2229959 (D. Kan. Aug. 5, 2025) (Judge Eric F. Melgren). Plaintiffs Jay Middleton and George A. Lawrence bring this putative class action on behalf of themselves, a proposed class, and the Amentum 401(k) Retirement Plan and the DynCorp International Savings Plan alleging that the fiduciaries of the two retirement plans have breached their duties of prudence, loyalty, and monitoring, engaged in prohibited transactions, and violated ERISA’s anti-inurement provision. Plaintiffs’ allegations fall into two categories: one addressing the use of forfeited employer contributions, and the other pertaining to the selection and retention of costly and poorly performing investment options. Defendants moved to dismiss, asserting plaintiffs failed to state a claim. In this decision the court dismissed the forfeiture claims, but basically let the investment claims proceed. Contrary to defendants’ arguments, the court found that for the most part the complaint plausibly alleges “that Defendants (1) failed to utilize the lowest-cost share class versions of several of the funds offered by the Plan; (2) failed to replace certain T. Rowe Price mutual funds with substantially identical, but much less expensive, collective investment trust (‘CIT’) versions of the same funds; (3) selected and retained high-cost, single asset investment options that were more expensive than substantially similar alternative options; and (4) failed to replace index funds with less expensive versions of funds that track the same index.” The court was mostly satisfied that plaintiffs compared the challenged investment options to benchmarks that were similar in terms of investment strategy, design, and risk. The one exception to this holding involved the actively managed funds versus the passively managed funds. The court agreed with defendants that “actively managed funds cannot be meaningfully compared to the passively managed funds because they are fundamentally different.” Accordingly, the court granted the motion to dismiss this small subset of investment claims, but otherwise concluded that the claim was adequate. The forfeiture causes of action were a different story. The court rejected these claims across the board. Although it determined that plaintiffs were alleging fiduciary acts relating to the use of the forfeited funds, it nevertheless concluded that the use of the forfeitures satisfies ERISA’s fiduciary mandates, plaintiffs cannot create a new benefit for themselves out of thin air, and the claims “flout established law.” The court accordingly dismissed the fiduciary breach claims as they relate to the use of the forfeited contributions. As for the prohibited transaction claims, the court found that using the forfeited funds as a substitute for future employer contributions could not constitute a prohibited transaction because the funds remained in the plan, the plans remained funded, and the plan participants suffered no harm. Finally, the court brushed aside the notion that the defendants benefitted from their chosen use of the forfeitures, stressing instead that the participants continued to receive the benefits. The allegations plaintiffs made in their complaint, the court found, therefore could not state a claim that defendants violated ERISA’s anti-inurement provision. For these reasons, the court dismissed all claims relating to the defendants’ use of forfeitures. Finally, the court denied plaintiffs’ request for leave to amend their complaint, stating they did not “indicate how they would remedy any deficiencies and instead appear to seek an advisory ruling by the Court as to the shortcomings in their allegations.” Thus, as explained above, defendants’ motion to dismiss was granted in part and denied in part, and plaintiffs were left with their investment claims only.

Discovery

Third Circuit

Choi v. Unum Life Ins. Co. of Am., No. 24-06338-JKS-AME, 2025 WL 2234903 (D.N.J. Aug. 6, 2025) (Magistrate Judge Andre M. Espinosa). Plaintiff Katie Choi filed this action under Section 502(a)(1)(B) of ERISA to challenge Unum Life Insurance Company of America’s decision to terminate her long-term disability benefits in the summer of 2023. Before the court here was Ms. Choi’s motion to compel discovery wherein she sought broad production relating to Unum’s conflict of interest in the handling of her disability claim. “Among other things, the discovery requests seek to explore Unum’s compensation and performance evaluations of those benefits specialists, directors, and other individuals involved in her LTD benefits claim review; financial metrics, recovery and claim closing targets, and other claims administration data Unum maintains; and information concerning the file-reviewing physicians’ other work for Unum, in particular, their record of involvement with claims that are denied. Plaintiff also wishes to depose the Unum disability benefit specialist who denied her claim for LTD benefits, the director who oversaw that denial, and Dr. Greenstein.” The court was antagonistic to Ms. Choi’s discovery requests. She asserted that there was reasonable suspicion of Unum’s misconduct in the handling of her claim because Unum has a long and persistent history of biased claims administration, employs systems designed to promote its financial goals over fair evaluation of claims, and has an established pattern of exclusively relying on the opinions of its retained physicians. The court rejected each of these contentions in turn. To begin, the court held that Ms. Choi’s reliance on Unum’s longstanding practice of administering claims in an improper manner fell short of demonstrating that there was misconduct specifically in the administration of her claim. Moreover, the court conveyed that it viewed her “conclusions about persistent and systemic misconduct [as] wildly speculative” and “insufficient to permit conflict of interest discovery.” Similarly, the court rejected Ms. Choi’s claim that Unum maintains denial targets and improperly prioritizes profits by encouraging claims denials. Rather, the court saw Unum’s tracking of claims resolution data as unremarkable given its business model. And again, the court stressed that Ms. Choi could not concretely tie these accusations of misconduct to the denial of her own claim. Finally, the court considered Ms. Choi’s assertion that Unum employs a company-wide practice of deciding claims by exclusively relying on the opinions of the medical professionals it hires. The court noted that this argument was rooted in the administrative record of Ms. Choi’s claim, but stated that “the trouble with permitting discovery based on Plaintiff’s critique of the soundness of Dr. Greenstein’s report is that it appears to go to the merits of her ERISA claim, not to any alleged bias or conflict of interest that impacted Unum’s denial of Plaintiff’s claim for LTD benefits.” In sum, the court stressed that opening extra-record discovery in ERISA cases should be done only in very limited circumstances, and here Ms. Choi could not persuasively link some indication of bias or misconduct to the adverse outcome of her claim in a manner that justified granting her discovery requests. Accordingly, the court denied Ms. Choi’s motion to compel discovery.

ERISA Preemption

Sixth Circuit

Laurel Hill Management Services, Inc. v. La-Z-Boy Inc., No. 24-13230, 2025 WL 2231041 (E.D. Mich. Aug. 4, 2025) (Judge David M. Lawson). Plaintiffs are several medical providers that sued La-Z Boy, Inc. in California state court after La-Z Boy’s self-funded ERISA health benefit plan paid less than $1,600 toward their submitted claims totaling more than $342,000 for medical services they provided to a patient who was a beneficiary of the plan. As detailed in their complaint, plaintiffs allege that during pre-service communications with plan representatives they were assured that after the patient paid a $1,100 deductible, services would be covered at the usual and customary rate. Plaintiffs maintain that the amount they were paid came nowhere near usual and customary reimbursement rates. As a result, they initiated legal proceedings in state court asserting claims of negligent misrepresentation and promissory estoppel. Defendant removed the case to federal court on the ground that the state law claims are preempted by ERISA. The case was subsequently transferred to the Eastern District of Michigan. La-Z Boy then filed a motion to dismiss the state law claims, arguing they are expressly preempted by Section 514(a) of ERISA. Because the court agreed that the claims relate to La-Z Boy’s ERISA-governed welfare plan, the court granted the motion to dismiss and dismissed the action with prejudice. The court took note of the fact that the Sixth Circuit has repeatedly held that negligent representation, promissory estoppel, and breach of contract claims based on allegedly underpaid or unpaid benefits “are ‘at the very heart of issues within the scope of ERISA’s exclusive regulation,’ thus warranting preemption.” In essence, the court concluded that the providers’ claims that they were misled about the amounts and rates of payments they could expect for the medical care they provided to the beneficiary necessarily related to the medical benefit plan because “defendant could have no other obligation to pay for the cost of medical care for the employee otherwise.” The providers’ state law claims, the court found, come at the very heart of issues exclusively within the scope of ERISA and are therefore clearly preempted. In particular, the court noted that plaintiffs fail to allege the existence of any standalone agreement “but rather focus their grievance on the rate and method of calculating payment under the plan.” Accordingly, based on the allegations in the complaint, the court was left with “the inescapable conclusion” that plaintiffs’ causes of action conflict with ERISA, relate to the ERISA plan, and are preempted by ERISA. The court therefore ordered that the complaint be dismissed with prejudice.

Life Insurance & AD&D Benefit Claims

Second Circuit

Daus v. Janover LLC Cafeteria Plan, No. 19-CV-6341, 2025 WL 2229929; Daus v. Janover LLC Cafeteria Plan, No. 19-CV-6341, 2025 WL 2229928 (E.D.N.Y. Aug. 5, 2025) (Judge Frederic Block). Plaintiff Paul Daus has been a public accountant since 1996. From 2011 until 2016 Mr. Daus worked for Janover, LLC as a senior tax manager. He lost that position after he became disabled from a medical condition and was terminated. Following his termination from Janover Mr. Daus filed a charge with the Equal Employment Opportunity Commission (“EEOC”) alleging disability discrimination and retaliation by his employer. On January 9, 2018, Mr. Daus, along with his counsel, participated in an EEOC mediation session with Janover during which the parties signed a settlement agreement wherein Janover paid Mr. Daus a small sum in exchange for a general release. That release expressly provided that Mr. Daus was executing the release on his own behalf and behalf of his heirs, executors, successors and beneficiaries, and that he waived all claims for alleged lost wages and benefits, including claims under ERISA. The settlement agreement also provided that Mr. Daus could consider the agreement for 21 days and that he had 7 days to revoke it after signing. Mr. Daus did not do so, and he was paid the agreed-upon amount. Later, Mr. Daus lost his life insurance coverage under Janover’s group policy. He alleges that Janover failed to notify him that he had the right to convert his coverage under the group policy to an individual policy, for which no premiums would be due because he was totally disabled. Mr. Daus, along with his wife, Traci Daus, then initiated this litigation against Janover asserting breach of fiduciary claims under ERISA in connection with the lost life insurance benefits. Janover and the Dauses cross-moved for summary judgment. On April 22, 2025, the court issued its summary judgment decision. The central question before the court was whether plaintiffs’ claims under ERISA were waived in the EEOC settlement agreement. The court found they were. Accordingly, the court granted Janover’s motion for summary judgment and denied plaintiffs’ motion. To get there, the court considered the Second Circuit’s six Laniok-Bormann factors to determine the knowledge and voluntariness of the waiver. First, the court concluded that Mr. Daus, a savvy senior tax manager, had the requisite sophistication and business experience to enter into the contract knowingly. Second, the court found that the amount of time he had to review the agreement, coupled with the period he had after the agreement to revoke it, meant that Mr. Daus signed the agreement only after giving it due consideration. Third, the court agreed with Janover that Mr. Daus and his counsel played at least some role in negotiating and deciding the terms of the agreement. Fourth, the court concluded that the terms of the agreement were clear and specific, and that these terms expressly announced that Mr. Daus agreed to waive claims under ERISA. Fifth, there was no question that Mr. Daus was represented by legal counsel. The only factor that complicated the picture somewhat was the sixth and final one – whether the consideration given in exchange for the waiver exceeded employee benefits to which the employee was already entitled by contract or law. Here, there was no question that the settlement payment was meager relative to the right of the couple to $500,000 in life insurance benefits at no premium cost. Nevertheless, the court determined that this factor did not strongly disfavor enforcement when considered in tandem with the others. Thus, the court held that Mr. Daus knowingly and voluntarily waived ERISA claims against Janover. The court then took a moment to consider Mr. Daus’s most substantial argument against enforcement – that on the day of the mediation he was in serious pain, recovering from spinal surgeries, and that his doctor had changed his prescription medication just one day before. Although the court acknowledged that Mr. Daus recounted serious pain, stress, and discomfort on the day of the settlement, even accepting this account, it simply felt that the proffered evidence was insufficient to overcome the presumption of his competency because the symptoms he described are “not of the sort that suggests he was unable to willingly and voluntarily enter into the Settlement Agreement.” Finally, the court agreed with Janover that Traci Daus’s claims would ultimately fail as well as they were encompassed by the waiver. For these reasons, the court found that all of the couple’s ERISA claims were validly encompassed by the EEOC settlement agreement provisions that released Janover from liability from all claims under ERISA in connection with Mr. Daus’s termination. Thus, the court entered judgment in favor of Janover. Plaintiffs responded to the court’s summary judgment decision with a motion for reconsideration. They additionally requested that the court seal the summary judgment decision, or alternatively, to redact portions of it pertaining to the EEOC settlement amount and Mr. Daus’s private health information. The court this week denied the motion for reconsideration, granted the motion to redact portions of the summary judgment decision, and reissued the summary judgment order in its redacted form. The crux of plaintiffs’ motion for consideration was an argument that Traci Daus has independent standing to maintain the claims at issue by virtue of her status as the intended beneficiary of the policy. “Plaintiffs argue, even if Paul Daus waived claims against the Defendants under ERISA, the Court must permit the case to proceed because his wife’s status as his beneficiary entitles her to bring the identical ERISA claims herself.” The court disagreed with plaintiffs on this point. The court found the cases plaintiffs relied on in support of their argument distinguishable as “[b]oth cases… surfaced a concern that employers may be able to dodge ERISA liability where a plaintiff’s lack of standing flowed from the employer’s own misrepresentations.” In the present action, there is no allegation that defendants’ fraudulent misrepresentations caused Ms. Daus to voluntarily relinquish her beneficiary status, rather the scenario here is one “in which a beneficiary seeks to assert standing to pursue ERISA claims derived from her spouse’s status as a plan participant, which has long since ended and has no reasonable possibility of revival.” Accordingly, the court maintained its prior view that Ms. Daus is without standing to pursue the claims set forth in the complaint. The court thus denied the motion for reconsideration. Finally, the court concluded that while sealing the entirety of the summary judgment decision would be inappropriate, limited redactions to address plaintiffs’ privacy concerns around Mr. Daus’s medical information and the precise amount paid under the terms of the EEOC settlement agreement are justified. As a result, the court granted the motion to seal in part and reissued its summary judgment decision to reflect these changes.

Fourth Circuit

New v. Metropolitan Life Ins. Co., No. 1:24-00212, 2025 WL 2263007 (S.D.W.V. Aug. 7, 2025) (Judge David A. Faber). Before his death on June 29, 2023, Troy New was on total disability workers’ compensation and leave from his employment as a continuous miner operator with Cleveland-Cliffs Princeton Coal, Inc. Troy had injured himself the year before on April 1, 2022, and had been receiving workers’ compensation benefits ever since. Through his employment with Cleveland-Cliffs Troy was a participant of a basic group life and accidental death and dismemberment policy. His son, plaintiff Tyler Dwayne New, was the beneficiary of the policy. However, following his father’s death, Tyler was denied benefits under the plan by the policy’s insurer, MetLife. MetLife explained in the denial letter that the policy only continues to cover employees on leave for six months, “[t]he Policy does not allow coverage to continue while an employee is not actively at work due to injury or sickness for a period greater than six months.” After MetLife affirmed its decision on appeal, Tyler New brought this lawsuit. In his complaint, Tyler alleges a single claim for wrongful denial of benefits against MetLife under Section 502(a)(1)(B). The parties filed competing motions for summary judgment. In this order the court granted MetLife’s motion for summary judgment and denied plaintiff’s motion. It is undisputed that Troy New never received written notice of his right to convert the group plan into an individual one and that Cleveland-Cliffs continued to pay premiums for his coverage until his death. Tyler New argued, in support of his summary judgment motion, that the failure to provide notice of the right to convert the group policy to an individual policy resulted in his father failing to have life insurance at the time of his death. Alternatively, Tyler argued that the coverage never lapsed in the first place. MetLife countered that Tyler’s claim regarding his father’s entitlement to written notice of his right to convert the policy should be brought as a breach of fiduciary duty claim, not as a claim for benefits. Moreover, MetLife contended that under the plain and unambiguous language of the plan, the coverage had lapsed, and the court must defer to its reasonable interpretation of the policy under arbitrary and capricious review. The court first considered the threshold question of whether the coverage lapsed under the terms of the policy. It found that it had. Contrary to Tyler New’s arguments, the court determined that the relevant provision stating that coverage can only be extended for “up to six months” is unambiguous. Additionally, the court disagreed with Tyler that Cleveland-Cliffs was prohibited from terminating his father’s life insurance coverage while he collected workers’ compensation benefits under West Virginia law. The law Tyler pointed to, the court found, applies only to health insurance, not life insurance policies. Having determined that the coverage had indeed lapsed, the court turned to Tyler’s claim that he is entitled to the life insurance benefits because MetLife was required to send written notice to his father about his conversion rights. The court agreed with MetLife that this claim should have been brought as a fiduciary breach claim, rather than as a claim for benefits. But even assuming that MetLife owed a duty to provide a written notice of the right to convert, the court concluded that there was no evidence that MetLife knew Troy’s employment had ended under the terms of the policy, which is the triggering event for any potential notice requirement. Accordingly, the court determined that there were no genuine issues of material fact as to whether MetLife breached its fiduciary duty to Mr. New. The court therefore entered judgment in favor of MetLife. Finally, in a last note at the end of the decision, the court afforded Tyler the opportunity, should he wish to, to amend his complaint to assert a fiduciary breach claim against Cleveland-Cliffs relating to its failure to provide his father written notice of the right to convert.

Medical Benefit Claims

Ninth Circuit

Emsurgcare v. Oxford Health Insurance, Inc., No. 2:24-cv-04612-SVW, 2025 WL 2206114 (C.D. Cal. Jul. 31, 2025) (Judge Stephen V. Wilson). This lawsuit arises from an emergency colectomy surgery performed on a patient in 2021 to treat his life-threatening appendicitis. The two surgeons who performed the surgery, Drs. Feiz and Rim, initiated this ERISA action seeking to challenge benefit determinations made under an ERISA insurance plan administered and insured by defendant Oxford Health Insurance. In the case of Dr. Feiz’s claim for reimbursement, Oxford denied the claim outright and paid nothing. In Dr. Rim’s case, Oxford paid $2,691.36 of the $71,500 he billed. The court held a bench trial in this action on July 15, 2025. In this decision the court provided its findings of fact and conclusions of law and entered judgment in part for both parties. Before the court analyzed whether Oxford’s denials of the surgeons’ claims violated ERISA, it determined what standard of review to apply. As an initial matter, the court noted that the plan unambiguously confers discretion on Oxford such that the court must apply an abuse of discretion standard absent wholesale or flagrant violations of the procedural requirements of ERISA. Nevertheless, the court agreed with the providers that defendant “committed numerous procedural violations when adjudicating both Dr. Feiz and Dr. Rim’s claims.” These included its failure to engage in a meaningful dialogue, its failure to provide specific reasons for denying the claims, its failure to provide Dr. Feiz with adequate opportunity to respond to its stated rationale for denying his appeal, its changing rationales for denial, and its failure to adequately respond to Dr. Feiz’s request for documents it relied on when denying his claim. Nonetheless, the court viewed these failings as not “serious enough to justify de novo review,” and instead caused the court merely to temper its abuse of discretion analysis. Further supporting the need to apply skepticism to the denials was Oxford’s conflict of interest in the case, particularly regarding Dr. Feiz’s claim. The court concluded there were “multiple reasons to find that a conflict of interest impacted Defendant’s decision to deny Dr. Feiz’s claim,” such as the fact it never asked Dr. Feiz to correct the operative report by providing his signature, as well as its decision to not consider the signed operative report once Dr. Feiz provided it on appeal. Moreover, the court observed that Oxford paid the facility where the surgeons performed the colectomy. In a telling statement, the court wrote, “[t]his partial payment raises serious questions about Defendant’s justification for denying Dr. Feiz’s claim. By reimbursing the Hospital for services related to the same colectomy, Defendant effectively acknowledged that the procedure occurred. Yet in denying Dr. Feiz’s claim, Defendant cited an allegedly deficient operative report as grounds for being unable to ‘verify the validity and accuracy of the service provided.’ Those two positions cannot be squared. Either the colectomy happened, or it did not.” Thus, while not determinative in and of itself, the court found that Oxford’s conflict of interest affected its decision-making and that it needed to be taken into account. The court then turned to the dispositive questions: whether Oxford abused its discretion in denying Dr. Feiz’s claim in full and whether it abused its discretion when it denied Dr. Rim’s claim in part? The court gave different answers for each claim. It tackled Dr. Feiz’s claim first. The court concluded that with regard to Dr. Feiz Oxford acted arbitrarily and capriciously by denying his claim on the basis that the signature on his operative report was not proper. “Put simply, Defendant’s decision to deny Dr. Feiz’s claim and subsequent appeal was ‘implausible.’ Review of the administrative record shows that Defendant did not actually hold concerns about the validity and accuracy of Plaintiff’s colectomy, but rather used the lack of proper signature on Dr. Feiz’s operative report as a pretext to deny benefits. Denial of benefits on such a basis is an abuse of discretion.” Accordingly, the court entered judgment in favor of plaintiffs on Dr. Feiz’s ERISA claim and remanded to Oxford for proper adjudication and payment of his claim according to the terms of the plan. Conversely, the court held that Oxford did not abuse its discretion when it paid only a small fraction of Dr. Rim’s claim for reimbursement. For one thing, the court agreed with Oxford that Dr. Rim failed to exhaust the internal administrative appeal procedures before appearing in court. Even putting that issue aside, the court ultimately concluded that Oxford acted reasonably in executing the terms of the plan and calculating the rate of reimbursement. “Certainly, $2,691.36 is a very small portion of the $71,500 billed. But it appears to nonetheless fall within the terms of the Plan. The Plan simply requires that Defendant pay ‘an amount permitted by law.’ Plaintiffs have not identified any law that does not permit Defendant to pay Dr. Rim $2,691.36 of his $71,500 billed. Given that Plaintiffs hold the burden of proof in this case, this is a fatal deficiency.” As a result, the court entered judgment in favor of Oxford with respect to Dr. Rim’s claim.

Pension Benefit Claims

Sixth Circuit

Oakman v. International United Automobile Aerospace and Agricultural Workers, No. 1:23-CV-00026-GNS-HBB, 2025 WL 2242764 (W.D. Ky. Aug. 6, 2025) (Judge Greg N. Stivers). Plaintiff Gary Oakman brought this action against the General Motors Hourly Rate Employees Pension Plan, and its administrator, Fidelity Investments, after he was denied credited years of service under the plan for the six years he worked for American Sunroof Corporation before the company merged with General Motors in 1995. Mr. Oakman sought judicial review of the pension committee’s decision to deny him these additional benefits, bringing a single cause of action for recovery of denied benefits under Section 502(a)(1)(B). The plan moved for judgment on the administrative record. Mr. Oakman responded and filed a cross-motion for judgment on the administrative record, although importantly, his motion was filed late pursuant to the court’s scheduling orders. The court addressed the parties’ motions in this decision. As an initial matter, the court applied the arbitrary and capricious standard of review as both parties agreed that the plan grants GM and the pension committee discretionary authority to make benefit decisions. The court noted that the plan contains two seemingly contradictory provisions. “First, Article III, Section 1(a)(1) sets forth the main provision for determining years of credited service, stating that ‘[c]redited service shall be computed for each calendar year for each employee on the basis of total hours compensated by any plant or Division of General Motors LLC during such calendar year while the employee has unbroken seniority.’ Second, Article III, Section 1(k) states that ‘Notwithstanding any other Section of this Article III, . . . the employee’s credited service for the period prior to January 1, 1996[,] shall not be less than the employee’s seniority as of December 31, 1995.’” The Plan argued that its determination not to credit the years of service at American Sunroof Corp, was supported by the plain language of the plan. The court disagreed. “In the current case, it is clear that The Plan’s interpretation of the determination of benefits was not ‘the result of a deliberate, principled reasoning process’ because its decision expressly contradicts the terms of The Plan. The Plan bases its decision on the language of Section 1(a)(1) without acknowledging that Section 1(k) begins with ‘[n]otwithstanding any other Section of this Article III . . . .’” The use of the word “notwithstanding” the court determined, makes clear that the language of Section 1(k) overrides the calculation of credited services under Section 1(a)(1), because “Section (1)(k) applies ‘without prevention or obstruction’ by any other provision of Article III.” As a result, the court determined that Mr. Oakman is entitled to a calculation of credited service consistent with his seniority status, and there is no dispute that Mr. Oakman’s date of seniority was September 27, 1989, or the date of his initial employment with American Sunroof. Accordingly, the court held that the plan’s decision to deny Mr. Oakman’s request for additional benefits was arbitrary and capricious because it did not comport with the clear language of the plan. The court therefore denied the plan’s motion for judgment on the administrative record. However, the court did not enter judgment in favor of Mr. Oakman, despite its determination that he should be entitled to credited service under the plan equal to his seniority status. The court concluded that it could not enter judgment in favor of Mr. Oakman because he not only failed to file a timely dispositive motion for judgment on the administrative record, but also failed to provide any explanation why the deadline could not have been met. The court therefore “reluctantly” decided that Mr. Oakman’s cross-motion for judgment had to be denied as untimely and that his claims against the plan and Fidelity must be dismissed.

Pleading Issues & Procedure

Sixth Circuit

R.S. v. Medical Mutual Servs., LLC, No. 1:23-cv-01127, 2025 WL 2195363 (N.D. Ohio Aug. 1, 2025) (Judge David A. Ruiz). Plaintiff R.S. sued her health benefit plan, defendant Case Western Reserve University Benefits Plan, its administrator, defendant Case Western Reserve University, and its third-party administrator, defendant Medical Mutual Services, LLC, on behalf of herself and her son, I.R., to challenge defendants’ denial of the family’s claim for I.R.’s residential mental health treatment at a facility in Utah. R.S.’s complaint raises three causes of action: (1) a claim for recovery of benefits under Section 502(a)(1)(B); (2) a claim for equitable relief based on an alleged violation of the Mental Health Parity and Addiction Equity Act (“MHPAEA”) under Section 502(a)(3); and (3) a claim for statutory penalties under Sections 502(a)(1)(A) and (c). Defendants Case Western Reserve University and Case Western Reserve University Benefits Plan moved to dismiss the second cause of action. Defendant Medical Mutual Services moved for partial judgement on the pleadings regarding R.S.’s second and third causes of action. Plaintiff opposed both motions. In this order the court denied the motions as they pertain to count two and granted Medical Mutual Services’ motion as to count three. The court began with the MHPAEA violation claim. It disagreed with defendants that the 502(a)(3) claim was duplicative of the claim for benefits under Section 502(a)(1)(B). The court held that plaintiff is permitted to plead the two claims in the alternative, and noted that although they both revolve around the denial of benefits they present distinct theories and focus on distinct remedies. “In Count I, Plaintiff pleaded that the terms of the Plan were wrongly applied to her claim, resulting in a wrongful denial of benefits. In Count II, Plaintiff makes a different allegation – the Plan as written violates the MHPAEA. This claim asserts that even if the terms of the Plan are found to have been correctly applied to her benefits claims, foreclosing recovery under Count I, Plaintiff still has a case against Defendants. So, while Defendants are correct that it would be improper for Plaintiff to also allege that the terms of the Plan were improperly applied under § 1132(a)(3), that is not what Plaintiff has pleaded. The difference between the two claims is that Plaintiff is bringing the MHPAEA claim to challenge the plan as written, not as applied.” Further, R.S. can only possibly amend the terms of the plan through an equitable claim, as the Supreme Court has made clear that the terms of an ERISA plan cannot be changed under Section 502(a)(1)(B). At this stage of the proceedings, the court determined that it is simply too early to determine whether R.S.’s injury can be remedied under Section 502(a)(1)(B). The court therefore denied both motions seeking dismissal of count two. The court then discussed Medical Mutual Services’ motion for judgment on the statutory penalties claim. Put simply, the court agreed with Medical Mutual Services that it cannot be liable to R.S. for unanswered document requests because it is not the administrator of the plan. Therefore, the court granted Medical Mutual Services’ motion for judgment on the pleadings as to this claim against it.

Provider Claims

Fifth Circuit

Angelina Emergency Medicine Associates PA v. Blue Cross & Blue Shield of Ala., No. 24-10306, __ F. 4th __, 2025 WL 2268126 (5th Cir. Aug. 8, 2025) (Before Circuit Judges Smith, Higginson, and Douglas). Plaintiff-appellants in this ERISA action are fifty-six Texas emergency medicine physician groups. They filed suit against twenty-four Blue Cross Blue Shield-affiliated plans from outside of Texas alleging that the Blue Plans underpaid them for 290,000 claims for reimbursement. After a settlement with some of the defendants, more than 75% of the claims were dismissed. The district court later granted summary judgment in favor of defendants on the remaining claims. The district court identified five issues with plaintiffs’ claims: (1) the physician groups were not named in the assignments; (2) the assignments did not include a right to sue; (3) the assignments themselves were not produced; (4) the underlying plans contained valid anti-assignment clauses; and (5) the physician groups failed to exhaust administrative remedies under the applicable plans before filing suit. (Your ERISA Watch covered this decision in its January 17, 2024 edition.) Plaintiffs appealed. The Fifth Circuit revived nearly all of their claims in this decision, affirming the district court’s decision only as to the claims where no written assignment was produced. As to the remaining claims, the Fifth Circuit identified several issues that require further examination. First, the Fifth Circuit held that the lower court was wrong to dismiss the provider’s claims for lack of standing because the assignments were made to “health care providers” rather than naming the physician groups themselves. The court of appeals agreed with plaintiffs that the term “provider” is ambiguous and subject to two or more reasonable interpretations. At a minimum, the Fifth Circuit held that the lower court should have allowed the parties to introduce evidence of the intended scope of the assignments, and its grant of summary judgment was accordingly premature. Next, the Fifth Circuit rejected the district court’s holding that the assignments provided only a right to administrative relief rather than the right to seek legal relief. The appeals court stressed that the assignments assign “all rights.” It wrote, “there is no basis in the law for requiring that an assignment specifically state it provides a right to sue when it assigns ‘all rights.’ The district court erred in finding that claims assigning rights or insurance benefits did not assign a right to sue.” The Fifth Circuit then turned to the claims where the physician groups do not have written assignments. The court of appeals affirmed the dismissal of these claims and concluded that the district court acted reasonably in doing so. In addition to finding issues with the assignments, the district court had also dismissed claims where the underlying plans contained anti-assignment provisions. The Fifth Circuit reversed this basis for dismissal. It concluded that there were genuine issues and open questions about whether the Blue Plans were estopped from enforcing the anti-assignment clauses. It stated that the matter of estoppel “is a fact issue that the district court must determine as to each claim.” Finally, the Fifth Circuit held that the district court was too quick to dismiss claims for failure to exhaust administrative remedies. “At bottom, the Physician Groups argue that they made all possible efforts to obtain the underlying plans and understand alternative appeals processes, while still following the publicly available appeals process, but were not given copies of the plan. We have previously held that a claimant’s efforts, or lack thereof, to obtain the plan can be a key fact in finding whether the claimant has cleared the hurdle of ERISA exhaustion. At a minimum, there is a factual dispute as to whether the Physician Groups could have discovered the member appeals process without action by [Blue Cross], and whether it would have been reasonable to require the Physician Groups to undertake that separate process when they were already being partially paid by [the Blue Plans].” Based on the foregoing, the Fifth Circuit vacated summary judgment as to all claims except those with no written assignment in evidence. Accordingly, the physician groups’ action has been resurrected, and they may yet receive further compensation for some or all of the remaining claims at issue.