Litigation

ERISA Dispute Resolution & Litigation

In addition to providing a full range of ERISA and employee benefit legal services, Cohen & Grigsby’s Employee Benefits group also represent plans, plan sponsors, plan fiduciaries, investment advisors and other providers in ERISA litigation. Coordinated by attorneys in our Litigation Group, our services in this highly specialized discipline are comprehensive. In federal courts across the U.S., our lawyers have represented clients such as the plans, plan sponsors and/or plan administrators.

Our services include litigating benefits cases in state and federal courts, both locally and nationally, counseling clients on how to avoid litigation in connection with the administration of retirement and health and welfare plans, advising plan sponsors on the propriety and legal effects of terminating welfare benefit plans, and counseling ERISA fiduciaries on the propriety of investing activities.

Our attorneys have compiled a record of success in ERISA litigation. In recent cases, we:

  • Obtained a dismissal with prejudice of a claim for disability benefits before the initial scheduling conference report even had to be filed
  • Defeated the creation of a class of retirees seeking to bring an ERISA action based on the termination of retiree welfare benefits
  • Convinced a federal court to withdraw an adverse opinion before publication
  • Obtained the dismissal of breach of contract and estoppel claims and claims for punitive and compensatory damages brought against a plan sponsor and administrator
  • Successfully litigated cases involving allegations of improper investing by ERISA fiduciaries
  • Successfully recovered, under an automobile insurance policy, proceeds equal to medical benefits previously paid to the insured by a self-insured ERISA plan

Our ERISA Dispute Resolution and Litigation practice also assists clients with multiemployer plan liabilities and assists and advises clients regarding Department of Labor and Internal Revenue Service audits, investigations and litigation.