| Employee benefit plan litigation is on the rise. Increasingly complex regulations have made it easier for employers to fumble some aspect of plan administration, which can then give employees an opportunity to cry foul. Additionally, many types of employee benefits (e.g., health insurance, retirement plan benefits, etc.) have become more valuable, providing employees and other plan beneficiaries greater incentive to fight over a possible reduction or loss of benefits. Some high-profile cases have attracted the attention of plaintiffs’ attorneys, who now view employee benefit plan litigation as a fruitful source of future work.
We have represented plan sponsors, administrators, and fiduciaries in single-plaintiff and class action litigation brought under ERISA, COBRA, and other statutes. We regularly assist plan sponsors and plan administrators, prior to litigation, in managing disputes raised under the plan’s claims procedure. We have also assisted in governmental audits, investigations, and tax disputes. |
Selected Experience Representing Fluor Hanford, Hanford Employee Welfare Trust, HEWT Board of Trustees, plan administrators, and site contractors at Hanford Nuclear Facility in ERISA retirement benefits litigation. (Ongoing) Representing the BMC 401(k) and Savings Plan (the Plan), the Plan's trustees, and BMC, who are plaintiffs in a pending action against ING Life Insurance & Annuity Co. (ILIAC). The action arises from ILIAC's May 2008 transfer of the Plan's assets from ILIAC to Prudential Retirement. ILIAC made the transfer late, resulting in a loss to the Plan and Plan participants. (D. Idaho Ongoing) Representing Group Health in litigation over ERISA-governed employee benefit plan, and plan requirements under Washington State Mental Health Parity Act. (Ongoing) Defended the Port of Seattle in a retiree medical benefits class action relating to the termination of retiree medical benefits. Won summary judgment on behalf of the Port of Seattle. The Washington State Court of Appeals, acting without a motion by either party, certified the case directly to the Washington State Supreme Court without deciding the issue. The Supreme Court in a 5-4 decision reversed and remanded to the Superior Court. Following remand the case was settled by the Port of Seattle (2011). Represented Washington Mutual in a putative class action alleging ERISA violations resulting from the implementation of a cash-balance plan. Case was settled on favorable terms. (2010) Secured summary judgment on behalf of Volt Information Sciences in a class action suit involving allegations that the vesting provisions in the company's 401(k) plan violated ERISA. (2010) Represented defendant in a complex arbitration involving interest and mortality changes required by the Pension Protection Act and the ability of defendant to make unilateral amendments to the Plan due to changes in the tax code. Won a complete victory for Alaska Airlines, Inc., which saved the pension plan millions of dollars a year in additional pension costs. (2009) Representation of JPMorgan Chase in wrongful termination case alleging a hostile work environment and ERISA-related claims. Successfully settled case for nominal amount after prevailing in significant pre-trial motions. (2009) Represented defendant against a claim of wrongfully denied life insurance benefits under an ERISA plan. Case settled favorably for client. (D. Or. 2008) Represented employers in ERISA actions brought by union trust funds to collect contributions allegedly due. All matters settled before trial. No. CV06-01264-TSZ; No. CV6-1218RSL; No. 2:07-CV-00834-RSL (W.D. Wash. 2007) Lead trial counsel for China Eastern Airlines in a multi-plaintiff ERISA case. Obtained favorable judgment exonerating client from any bad faith violations of ERISA or other unlawful conduct. (2007) Successfully represented non-union workers in $2.2 billion suit against Oregon's Public Employees Retirement System (PERS). (2007) Summary judgment for the Port of Seattle in class action alleging wrongful Social Security contributions for port police officers and port firefighters. (2004) Represented health care providers in ERISA pre-emption litigation with summary judgment for clients in District Court. (1997) Represented union workers (George Spear, Vern Garrison, Ron Alleva, Paul Street and Kenneth Thayer) in class action against union pension fund over partial termination of benefits. $90 million settlement. (1996) Represented class plaintiffs in a lawsuit alleging breach of fiduciary duties in connection with the Trusts' investments with Capital Consultants (based in Portland, Ore.). Capital Consultants ran a Ponzi scheme and investors lost more than $300 million, of which approximately 60 percent has been recovered. The claims against the Trustees were settled for $3,738,864. Served as special ERISA defense counsel in a $122 million class action alleging breach of contract and breach of fiduciary duties with regard to a profit sharing plan. Case was removed from state to federal court (U.S. District Court, Montana). The case was settled six years later, after the court ruled that employees had a state law cause of action that did not implicate ERISA. Served as special ERISA counsel for the defense in this class action lawsuit, which involved the alleged failure to provide proper reimbursements for health care rendered by alternative care providers. This case was settled on terms favorable to the defendants. Represented class plaintiffs in a lawsuit alleging breach of fiduciary duties in connection with the Trusts' investments with Capital Consultants (based in in Portland, Ore.). The claims against the Trustees were settled for $5,250,411. In addition, settlements for $11,425,000 and $900,000 were reached with third-party consultants. Served as co-counsel for the defense of this ERISA class action lawsuit, in which the plaintiff class had alleged a breach of fiduciary duty, breach of contract, and violation of state insurance regulations. The case involved the alleged failure to pass through provider discounts. This case was settled for under $1 million. * Denotes experience completed at a prior firm | | Search Experience | | | |  |
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