Stephen P. Lucke
PEOPLE

Stephen P. Lucke

Partner
lucke.steve@dorsey.com

Overview

STEVE REPRESENTS BUSINESSES, EMPLOYERS, INSURERS, AND FIDUCIARIES IN ERISA, HEALTH, AND COMMERCIAL LITIGATION AND CLASS ACTION MATTERS.

Steve is a partner in the Minneapolis Trial Group and Co-Chair of the ERISA Litigation Practice Group. 

Education & Admissions

Georgetown University Law Center (J.D.), magna cum laude; Managing Editor, Georgetown Law Journal

College of the Holy Cross (A.B., Economics), magna cum laude​; Phi Beta Kappa; Alpha Sigma Nu Honor Society

Admissions

  • Minnesota
  • Wisconsin

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Honorable Myron H. Bright

Experience

Representative Litigation

  • Lead counsel representing pharmacy benefit service provider in defending against class action claims on behalf of individuals who purchased the EpiPen auto-injector device, including obtaining rulings denying consolidation of cases in multi-district litigation involving antitrust, RICO and consumer claims. 
  • Lead counsel in obtaining dismissal of class action claims against sponsor and fiduciaries of 401(k) plan alleging ERISA violations in Plan’s use of mutual funds managed by sponsor’s affiliate. See Meiners v. Wells Fargo & Co., 2017 U.S. Dist. LEXIS 80606 (D. Minn. May 25, 2017).        
  • Obtained affirmance of dismissal of major claims filed by putative class against officers, directors and major financial institution alleging losses of $1.1 billion arising from fiduciaries’ investment of assets exclusively in equities. Thole v. U.S. Bank, et al., 2017 WL 4544953 (8th Cir. Oct. 12, 2017). 
  • Defended against class action alleging violations of the Mental Health Parity and Addiction Equity Act and Affordable Care Act, New York State Psychiatric Ass’n v. UnitedHealth, 980 F. Supp. 2d 527 (S.D.N.Y. 2013), rev’d in part and aff’d in part, 798 F.3d 125 (2nd Cir.), cert denied, 136 S. Ct 317 (2015), as well as obtained dismissal of class claims alleging violations of state statutes regarding patient responsibility for chiropractic services against five health insurers. Larson v. United Healthcare Ins. Co., 723 F.3d 905 (7th Cir. 2013) (affirming dismissal of class claims alleging violations of state statutes regarding patient responsibility for chiropractic services against five health insurers).
  • Won affirmance of judgment against defendant class of 2,500 airline pilots declaring that post-bankruptcy target benefit plan complied with benefit accrual provisions under Americans with Disabilities Act and ERISA. Northwest Airlines, Inc. v. Phillips, 675 F.3d 1126 (8th Cir. 2012).
  • After commencing declaratory judgment action and bringing preliminary injunction motion, successfully resolved contract dispute between copyright owner of psychological tests and foreign business that translated and adapted those tests for the Spanish market.
  • Defended against class action claims that scanning errors caused thousands of SAT scores to be incorrect. Russo v. NCS Pearson and the College Board, 462 F. Supp. 2d 981 (D. Minn. 2006).
  • Obtained orders after TTAB trials declaring trademark registration rights in favor of client. OTI v. GE Osmonics, Inc., 2004 TTAB Lexis 188 (March 30, 2004), 2004 TTAB Lexis 30 (Jan. 29, 2004) Trademark Trial & Appeal Board.
  • In challenging “proprietary” funds offered by affiliates of financial institutions, obtained dismissal of claims for lack of standing, Gipson v. Wells Fargo Company, 563 F. Supp. 2d 149 (D.D.C. 2008); as well as summary judgment on prohibited transaction claim and denial  of motion for mandatory class.  Id. 2009 U.S. Dist. LEXIS 20740 (D. Minn. Mar. 13, 2009).         
  • Current and previous representation of employers against class actions seeking recovery of losses to 401(k) plan investments in company stock when employer’s share price fell, including in Hastings v. Gary Wilson, 516 F.3d 1055 (8th Cir. 2008); Morrison v. MoneyGram International, Inc., 607 F.Supp.2d 1033 (D. Minn. 2009); and In Re ADC Telecommunications ERISA Litigation, 2005 WL 2250782 (D. Minn. September 15, 2005).
  • Obtained dismissal of class action claims alleging age discrimination in retirement plan design. Mitchell-White v. Northwest Airlines and Delta Air Lines, 2011 WL 671630 (S.D.N.Y. Feb. 24, 2011) aff'd, 446 Fed. App’x. 316 (2d Cir. 2011), cert. denied, 132 S. Ct. 2432 (2012).
  • Obtained reversal of district court decision and compelling arbitration of class challenge to “smoker’s exclusion” in business’s health plan. Franke v. Poly-America Medical and Dental Plan, 555 F.3d 656 (8th Cir. 2009).
  • Defended sponsor in class action claim seeking retiree medical benefits under ERISA and the LMRA. Rexam Inc. v. United SteelWorkers of America, 2006 WL 2530384 (D. Minn. 2006) (granting summary judgment to Rexam with respect to the largest sub-classes or retirees).
  • Represented employee association to recover wrongfully withheld premium reserve from insurer. 3M Employees' Benefit Trust Ass'n v. Connecticut General Life Ins. Co., 2003 WL 124027 (D. Minn. 2003).
  • Obtained dismissal of claims that employer violated age discrimination prohibitions in design of pension plan. Mahoney v. Northwest Airlines, Inc., 2004 WL 114946 (D. Minn.).
  • Obtained judgments in favor of state insurance guaranty funds in disputes involving claims and assessments, Wisconsin Insurance Security Fund v. Wisconsin Reinsurance Corporation, 704 N.W. 2d 44 (Wis. App. 2005); Minnesota Insurance Guaranty Association 697 N.W. 2d 223 (Minn. App. 2005).
  • Obtained summary judgment and denial of class certification on behalf of fiduciaries in nationwide class action seeking interest on payments of benefits under welfare plan. Jackson v. Fortis Benefits Insurance Company, 105 F. Supp. 1055 (D. Minn. 2000), aff’d, 245 F.3d 748 (8th Cir. 2001).
  • Represented employer and fiduciaries in defense against nationwide class action brought by over 10,000 workers classified as independent contractors seeking reclassification as employees and inclusion in ERISA benefit plans and other damages. Lambert v. American Express, Civ. No. 99-CV-493 (D. Minn.).
  • Defended the trustees of the Minneapolis Employees Retirement Fund against claims by the sponsors and a class of participants, alleging that investments in junk bonds and other speculative ventures caused the fund over $100 million in losses.
  • Represented various insurers and businesses in responding to civil investigation demands and administrative subpoenas.
  • Obtained summary judgment for major bank and fiduciaries on fiduciary, discrimination, and RICO claims brought by 67 former employees, who alleged that a series of complex corporate transactions and downsizing decisions entitled them to over $50 million in severance pay and other damages.
  • Represented various contractors and public authorities in bid protests and other disputes regarding public contracts.

News & Resources

Articles

Wellness Watch
Contributing Author, ABA Section of Labor and Employment Law, Employee Benefits Committee, Employee Benefits Law, 2nd Ed. (Jane Kheel Stanley Ed. in Chief, American Bar Association) Supplement
Supreme Court Upholds Health Care Reform
Second Circuit Decision Favors Fiduciaries in 401(k) Company Stock Cases
Retirement Plan Litigation: Lessons Learned and Challenges Ahead
Constitutional Challenges To Health Care Reform Gain Traction With Courts
Eighth Circuit Decision in Braden v Walmart Lowers Bar for 401k Fee Litigation
"What Employee Benefits Practitioners Need to Know About the New EEOC Enforcement Guidance," Journal of Pension Planning and Compliance Vol. 27, No. 2, at 41

News & Press Mentions

Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in Minnesota
Dorsey Number 2 in ERISA Class Action Cases
51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Dorsey Partner Steve Lucke Advocate of Cristo Rey Work Study Program
48 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyers of the Year
45 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in "The Best Lawyers in America®" 2016 and "Best Lawyers of the Year"
Dorsey Represents Ameriprise in 401k Suit

Select Presentations

  • Benefit Plan “Discrimination” Issues, 34th Annual Advanced Employee Benefits Workshop (February 2014).
  • ERISA Litigation Update, MSBA Advanced Employee Benefits Seminar (February 2012).
  • Retirement Plan Litigation: Lessons Learned and Challenges Ahead, Midwest Pension Conference (March 2011). See presentation material here.
  • Fiduciary Exposure: Is the Landscape Changing, Professional Liability Underwriter's Society (PLUS) Symposium, Atlanta, Georgia (May 2008).
  • 401(k) Fees: Risks and Steps to Reduce Exposure, Minneapolis Pension Council (November 2007).

Industries & Practices

  • Banking and Financial Institutions
  • Class Action Litigation
  • Commercial Litigation
  • Educational Publishing, Technology & Services
  • ERISA Litigation
  • Health Care
  • Insurance Law
  • Securities & Financial Services Litigation & Enforcement

Professional & Civic

Professional Achievements

  • Member, American Bar Association (Section of Labor and Employment, Subcommittee on Employee Benefits, Co-Chair, Ethics Committee)
  • Member, Minnesota State Bar Association and Hennepin County Bar Association
  • Past Board Member and Officer, Cristo Rey Jesuit High School, Children’s Law Center of Minnesota, House of Charity, and various community, non-profit and bar organizations

Accolades

Chambers USA 2018 Leading Individual  Stephen P. Lucke - Best Lawyers' Lawyer of the Year 2013 - Litigation - ERISA - Minneapolis

  • Listed in Best Lawyers in America©, 2010-2018
  • Named one of “America’s Leading Business Lawyers” by Chambers USA (ERISA Litigation), 2018
  • Named Best Lawyers'® Lawyer of the Year, Litigation - ERISA, 2013, 2017

North Star Lawyer logo

  • MSBA North Star Lawyer, 2012, 2015 and 2017
Stephen P. Lucke