ERISA Cases Seeking U.S. Supreme Court Review in 2026
The U.S. Supreme Court recently heard arguments in a withdrawal liability case involving the Employee Retirement Income Security Act (ERISA). Furthermore, two more petitions about ERISA matters are pending before the high court. U.S. Supreme Court Hears Arguments in Withdrawal Liability Case The U.S. Supreme Court recently heard arguments in an ERISA case with limited […]
The Risks of Level-Funded Health Plans
Level-funded health plans are rising in popularity. Employers are gravitating toward the plans based on promises of consistent monthly payments, possible refunds, and fewer administrative responsibilities. Insurance companies market the plans as similar to self-funded plans in terms of cost efficiency, while guaranteeing fully insured premiums. However, the reality is that level-funded health plans pose […]
Bipartisan Coalition, ERIC Support PBM Fiduciary Bill
The ERISA Industry Committee is backing a pharmacy benefit manager (PBM) bill that would establish a fiduciary duty under the Employee Retirement Income Security Act (ERISA) for PBMs to put the interests of employer plan sponsors and participants ahead of their own. Sen. Roger Marshall (R-Kan.) and three bipartisan sponsors have proposed the PBM Fiduciary, […]
5th Circuit Panel Rules for Aramark in Finding Arbitration Clause Subject to Court Review in ERISA Case Against Aetna
A split three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that a federal district court should decide whether Aramark can proceed with its lawsuit against Aetna or must resolve the dispute through arbitration. According to the court’s ruling, the arbitration clause is sufficiently ambiguous to be subject to court review. […]
Employers Facing ERISA Lawsuits Over Cost and Value of Voluntary Benefit Plans
Employers are increasingly facing lawsuits under the Employee Retirement Income Security Act (ERISA) for their voluntary benefit plans, which include products such as accident, critical illness, hospital indemnity, and cancer insurance. Since coverage is voluntary, employees pay most or all of the policy premiums, although employers deduct the premiums from their paychecks. Filed just before […]
Court Denies Investment Adviser’s Bid to Dismiss Utility Co. 401(k) Suit
A Missouri federal district court judge refused to dismiss a proposed class action suit by former employees of a Midwest utility company alleging that an investment adviser cost them millions in retirement plan losses after giving them poor advice. The case is Doll et al. v. Evergy Inc. et al., Case Number 4:25-cv-00043, U.S. District […]
Notable ERISA Rulings from November
C.P. et al. v. Blue Cross Blue Shield of Illinois, Case Number 23-4331, U.S. Court of Appeals for the Ninth Circuit In C.P., the U.S. Court of Appeals for the Ninth Circuit overturned a grant of summary judgment in a class action in favor of transgender employee health plan participants who claimed that the insurance […]
4th Circuit Questions Class Status in Genworth Financial 401(k) Suit
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit seemed to express doubt over the propriety of class status during arguments in an Employee Retirement Income Security Act (ERISA) lawsuit by Genworth Financial employee retirement plan participants. The class, which consists of nearly 4,000 members, claims that their retirement savings plummeted […]
DOL Moves to Dismiss Its Appeal of Fiduciary Rule Challenge
The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor is opting to abandon its appeal of the legal challenges to the so-called fiduciary rule. After insurance industry groups filed immediate legal challenges to the 2024 fiduciary rule proposed by the DOL under the Biden administration, two federal district courts issued stays preventing […]
Pennsylvania Health Network Settles 401(k) Forfeiture Suit for $1.15 Million
Lehigh Valley Health Network Inc., a Pennsylvania health system, has agreed to settle a 401(k) forfeiture suit for $1.15 million. The company operates 32 hospitals in Pennsylvania and New Jersey after a 2024 merger with Jefferson Health and employs about 65,000 workers. The case is Kiskeravage et al. v. Lehigh Valley Health Network Inc. et […]