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what we do / ERISA Litigation

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overview

Our national ERISA Litigation Group handles employee benefit and executive compensation disputes efficiently and effectively for both public and private companies. Drawing on the multidisciplinary backgrounds of attorneys in our employee benefits and executive compensation, business litigation, and labor & employment groups, the ERISA Litigation Group handles a wide variety of ERISA disputes – such as class action pension and “stock drop” claims, employee stock ownership plan (ESOP) breach of fiduciary duty and prohibited transaction claims, executive compensation split-dollar and top-hat benefit claims, and denial of medical and disability benefit claims. We represent employers, plan administrators, trustees, banks, insurers, investment managers, and other fiduciaries and service providers in litigation matters in jurisdictions including Ohio, New York, Illinois, California, Indiana, Missouri, Virginia, Pennsylvania, West Virginia, and others.

Read the latest insights about ERISA Litigation on our ERISA Blog.

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areas of emphasis

  • Cost-Effective Litigation Teams. We provide aggressive and cost-effective representation in all types of ERISA litigation matters. Tucker Ellis is a leader in the use of alternative fee arrangements, and our team approach to client matters makes our work on these matters more efficient than many clients expect.
  • Class Action Litigation. We have trial lawyers in every Tucker Ellis hallway who have handled class action and MDL cases at all stages – from class certification through trial.
  • Benefit Claims – Before and After Litigation. Our lawyers handle benefit claims from start to finish – typically from the administrative claim process all the way through litigation and appeal, if necessary.
  • ESOP Litigation. We have extensive experience with ESOPs, and have handled numerous cases with privately held employee-owned companies, as well as litigated “stock drop” cases for public companies. Our lawyers are also members of ESOP organizations such as The ESOP Association, the National Center for Employee Ownership, and the Ohio Employee Ownership Center.

Key Contacts

Ann M. Caresani
Partner
Scott J. Stitt
Partner
experience

experience

  • Represented public companies in defense of fiduciary breach and benefit claims
  • Represented employers and insurers in claims for long-term disability benefits and claims for penalties with respect to providing plan documents under ERISA
  • Represented ESOP trustees in defense of class action ERISA breach of fiduciary duty and prohibited transaction claims in federal district and bankruptcy courts in Ohio, New York, Indiana, and Tennessee
  • Represented employers in class action ERISA retaliation and securities litigation
  • Represented employers and plan trustees in disputes regarding contributions to multi-employer plans and the trustees’ resulting fiduciary duties under ERISA
  • Represented self-funded ERISA health plans in disputes over stop-loss coverage and in defense of ERISA breach of fiduciary duty claims regarding the coverage available to spouses
  • Represented employers and other fiduciaries in investigations and audits of retirement plans and trusts by the DOL, IRS, PBGC, and other special counsel situations
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