benefits of experience

ERISA Litigation


As the percentage of the nation’s wealth held in employer-sponsored retirement plans grows, the number of lawsuits claiming fiduciary violations associated with the management of those plans increases as well. Similarly, health care reform has created new litigation risks for employers and fiduciaries that sponsor or administer health plans. Dorsey’s ERISA Litigation practice represents businesses, employers, plan administrators, payors and fiduciaries in lawsuits challenging the management and administration of health, retirement, and other benefit plans under ERISA and related laws.

In order to achieve the best result for each client, we draw upon expertise of Dorsey’s litigators, employee benefits attorneys, and other specialists. Our knowledge and experience with compensation and benefits, insurance law, labor and employment, securities and financial services litigation and enforcement and tax controversy help us successfully resolve complex benefits disputes for our clients.


Recent successes include:

  • Obtained summary judgment against defendant class following challenge to sponsor’s target pension plan on the grounds that its use of previously vested benefits as an offset violated state and federal prohibitions against age discrimination.
  • Obtained dismissal of named plaintiff’s claims and won summary judgment on prohibited transaction claim alleging wrongdoing in the selection and retention of 401(k) investment options after defeating motion for certification of mandatory class, represented sponsor on remaining claims that plaintiff brought on behalf of opt-out class.
  • Obtained dismissal of class action claims alleging that plan officers and directors of major financial services company breached fiduciary duties and engaged in prohibited transactions resulting in damages of over $1 billion through an investment strategy that disproportionately favored equities.
  • Successfully resolved claims that plan sponsor’s benefits committee breached fiduciary duties in retaining company stock as a 401(k) investment option after its price dropped over 90 percent.
  • Obtained dismissal of a nationwide class action alleging that a claims administrator’s management of health plans violated state and federal mental health parity laws.
  • Currently representing major health care carrier and over 250 plan sponsors in lawsuit alleging violations of ERISA, the Americans With Disabilities Act, and other federal and state claims in the administration of claims for bariatric benefits, as well as a related counterclaim seeking over $43 million from medical providers and their principals for health care fraud.
  • Obtained summary judgment on behalf of employers and insurers on numerous claims for benefits under severance, health, life, disability and pension plans.


Chambers USA 2022 Leading ERISA Litigation Practice

Best Lawyers

US News Best Lawyers 2022 Leading Employee Benefits (ERISA) Law Firm

US News Best Lawyers 2022 Leading ERISA Litigation Law Firm

US News Best Lawyers 2022 Top Employment Law-Management Law Firm

US News Best Lawyers 2021 Top Labor & Employment Litigation Law Firm

US News Best Lawyers 2018 Leading Labor Law-Management Law Firm


Stephen Lucke
Practice Group Co-Chair
Andrew Holly
Practice Group Co-Chair
Kirsten Schubert
Practice Group Member
Nicholas Bullard
Practice Group Member
Leyla Bari
Practice Group Member

Industries & Practices

  • Benefits & Compensation
  • Capital Markets
  • Healthcare Litigation
  • Insurance Law
  • Labor & Employment
  • Securities & Financial Services Litigation & Enforcement
  • Tax Controversy & Litigation
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