Search the News Archive

Law.com Coverage: Justices Consider Claim for 401(k) Plan Losses

Excerpt: Justice Antonin Scalia asked [the attorney for the plaintiff] why [the plaintiff] didn't first apply for recovery against the plan instead of against the fiduciary. '[O]nly that manner of proceeding preserves the structure of ... the legislation which is that you're supposed to first apply to the plan and exhaust your remedies there before you come into court,' Scalia said.

District Court Denies Oneida Indian Nation's Immunity Defense to ERISA Lawsuit

"Judge Glenn Suddaby of the U.S. District Court for the Northern District of New York in Syracuse declined a dismissal motion for governmental immunity by the Nation's hospitality and gaming company ... Suddaby's ruling on [ERISA] lawsuit, brought in December 2024 by three former police officers, said he wouldn't dismiss the case against the company's benefits plan and investment committee, because the retirement plan also covers non-government casino employees who represent most of the plan participants." [Jones v. Turning Stone Enterprises LLC, No. 24-1596 (N.D.N.Y. Dec. 9, 2025)]

ERISA Claim Accuses Plan Administrator and Cigna Affiliates of Co-Pay Maximizer Scheme

"Attorneys ... asked an upstate New York federal court ... to dismantle an allegedly lucrative co-pay maximizer 'scheme' that it says involves a Buffalo plan administrator and two partners which are affiliates of The Cigna Group. The alleged 'sham' ends up charging for out-of-pocket amounts that are beyond patients' cost-sharing limits, the complaint ... alleges. Under [ERISA], the claim says that the maximizer program 'flouts patient-protective federal health insurance laws to seize copay assistance meant for patients.' " [Gurwitch v. Save On SP LLC, No. 24-1583 (N.D.N.Y. complaint filed Dec. 26, 2024)]

Tractor Supply Co. Accused of Implementing Unlawful 'Tobacco Surcharges' in ERISA Class Action

"According to the suit, tobacco surcharges are lawful but must be issued in conjunction with a compliant wellness program and allegedly [Tractor Supply] failed to provide any alternative standard to its plan participants. The complaint alleges that the surcharge is a violation of ERISA's anti-discrimination rule[.]" [Harrison v. Tractor Supply Co., No. 24-1612 (M.D. Penn. complaint filed Sep. 23, 2024)]

Cyberattacks and the Role of Fiduciaries Under ERISA

"It is important to note that the guidance offered by the DOL acts as a general rubric, containing default recommendations to help plan sponsors and participants better understand their joint responsibilities during these times of cyberpiracy and assault. No one should confine future actions exclusively to the guidelines, but rather go beyond the best practices contemplated by the DOL. These guidelines are in essence only a beginning, and not an end....Through the implementation of prudent actions, coupled with vigilance and training, plan sponsors can take the necessary steps to defray unwanted liability."

Shartsis Friese versus JP Morgan Over Funding Fiasco

Excerpt: Shartsis Friese squared off against JP Morgan Retirement Services in San Francisco federal court Monday over who was responsible for six years of miscalculated contributions to the San Francisco firm's deferred compensation and profit-sharing plan. The firm says its plan contributions didn't meet IRS rules because of bad advice from its outside benefits consultant. The firm said it has had to spend $1.2 million to bring the fund back into compliance.

Class Action Workplace Litigation Hot Item in '08

Excerpt: One of the most significant changes in 2008 was the increase in the collective amount of the 10 largest ERISA class action settlements. That figure hit $17.7 billion last year, up from $1.8 billion in 2007.

Judge Approves Settlement of Suit Against Aetna Over Coverage for Eating Disorders

Excerpt: [T]he settlement affects only patients in 'fully insured' plans -- those funded by employers. Enrollees in self-funded plans, such as employee welfare and state worker health benefits programs, are not covered by the settlement and would not automatically benefit from the more liberal process.

EEOC Steps in Following Employers' Attempts to Crack Down on Workers' Alleged Abuse of Sick Leave Policies

Excerpt: A recent lawsuit against retail chain Dillard's Inc. is highlighting what some claim is a growing problem in the workplace: employers asking too much information about workers' illnesses when asked for sick leave. In the Dillard's case, the Equal Employment Opportunity Commission claims that one California store required employees to reveal the specific nature of their illness in order to deem sick leave as an excused absence. The EEOC argues that this policy violates the Americans With Disability Act (ADA). EEOC v. Dillard's, No. 08-CV-1780 (S.D. Calif.).

Aetna Settles Federal Class Action Seeking Health Coverage for Eating Disorders

Excerpt: In a step toward better insurance coverage for eating disorders, Aetna has agreed to pay $250,000 in reimbursements to up to 100 New Jersey policyholders whose claims were denied and to liberalize its largesse for many future claimants.