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ERISA Lawsuit Against UnitedHealth Subsidiary Gets Class Action Status

ERISA Lawsuit Against UnitedHealth Subsidiary Gets Class Action Status January 7, 2022. By Anne Wallace.
Madison, WI On December 15, the District Court for the Western District of Wisconsin agreed that plaintiffs in a lawsuit against UMR, the benefits administrator for employer-sponsored UnitedHealth insurance plans, could proceed as a class. As many as 1,600 individuals may ultimately be included in ERISA lawsuit. This appears to have weighed heavily in the Court’s decision that Berceanu v. UMR, Inc. could proceed as a class action lawsuit.
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Bronson Healthcare to Settle Excessive Fee ERISA Lawsuit

Bronson Healthcare to Settle Excessive Fee ERISA Lawsuit December 29, 2021. By Anne Wallace.
Kalamazoo, MI Bronson Healthcare and participants in the Bronson Healthcare Group, Inc. 403(b) Tax Sheltered Matching Plan have agreed in principle to settle a proposed class action ERISA lawsuit. The lawsuit focused on the fiduciaries’ decision to include the actively-managed Fidelity Freedom Fund in the plan’s investment portfolio. Details of the proposed settlement have not been disclosed.
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University of Miami to Settle ERISA Lawsuit for $1.85 Million

University of Miami to Settle ERISA Lawsuit for $1.85 Million December 23, 2021. By Anne Wallace.
Miami, FL  On November 23, the University of Miami and participants in five of its retirement plans agreed to settle proposed class action ERISA lawsuit. The agreement provides for $1.85 million and structural safeguards to protect participants’ retirement savings in the future. The university and the plans' fiduciaries have agreed not to increase current fees for recordkeeping services in the three years after the settlement effective date. As an additional safeguard, the university will also retain an independent fiduciary.
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Rollins v. Dignity Health Creeps toward Settlement

Rollins v. Dignity Health Creeps toward Settlement November 23, 2021. By Anne Wallace.
Oakland, CA Rollins v. Dignity Health, a nearly nine-year old ERISA lawsuit that has been moving through the federal court system since 2013, may be one step closer to settling. The Northern District of California has preliminarily approved a deal with the addition of an additional sub-class of plaintiffs. The same court rejected proposed settlement agreements twice before on a variety of grounds. This is further toward resolution than the parties have gotten before.
Read [ Rollins v. Dignity Health Creeps toward Settlement ]

District Court Greenlights ERISA Lawsuit over Firing to Avoid Severance Pay Obligation

District Court Greenlights ERISA Lawsuit over Firing to Avoid Severance Pay Obligation November 7, 2021. By Anne Wallace.
Birmingham, AL On September 21, the District Court for the Northern District of Alabama denied AT&T’s motion to dismiss Roy Robinson’s ERISA lawsuit. Robinson v. AT&T Services, Inc alleged that the company fired Robinson to avoid paying him severance benefits. AT&T claimed that he had failed to exhaust internal company remedies before filing his lawsuit. The court’s decision does not address the merits of Robinson’s claim. It simply permits Robinson to proceed to settlement negotiations or to trial.
Read [ District Court Greenlights ERISA Lawsuit over Firing to Avoid Severance Pay Obligation ]

Smokers Claim They Were Overcharged for Health Insurance Premiums

Smokers Claim They Were Overcharged for Health Insurance Premiums October 8, 2021. By Anne Wallace.
Kansas City, MO On September 24 in Lipari-Williams v. Missouri Gaming Co., the District Court for the Western District of Missouri put off a decision about whether to grant class action certification to a group of casino workers who allege that they were overcharged for their health coverage based on their tobacco use. Their wage and benefit plan lawsuit alleges that the premium surcharge assessed under Argosy Riverside Casino’s insurance plan did not meet the requirements of the Affordable Care Act (ACA). The court granted certification to workers who brought wage claims under the Fair Labor Standards Act and Missouri state law but held off on the ERISA claims.

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Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings

Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings September 6, 2021. By Anne Wallace.
Miami, FL  On August17, three former participants in the Baptist Health South Florida, Inc. 403(b) Employee Retirement Plan (BHSF Plan) sued plan fiduciaries for breaching their duty of loyalty and prudence to participants and beneficiaries by paying “astronomical” management fees. The named plaintiffs in the ERISA lawsuit seek to represent more than 23,500 current and former participants.
Read [ Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings ]

YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification

YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification August 16, 2021. By Anne Wallace.
Los Angeles, CA On July 9, Tim Alders, formerly an Executive Recruiter for YUM Brands Inc. and Taco Bell Corp. filed an ERISA lawsuit alleging that the fast-food conglomerates deprived him of pension and other benefits by deliberately misclassifying him as an independent contractor, rather than an employee. Tim Alders v. YUM, Inc. is neither a standard-issue misclassification lawsuit (many of which are brought by hourly-wage workers, cheated of California wage protections) or a variation of now-familiar ERISA fiduciary breach action. Rather, it is creative combination of the two. The lawsuit makes painfully clear how much long-term contractors (even the well-paid ones) lose when they are paid as casual workers.

  
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ERISA Lawsuit Alleges DuPont Underpaid Retirees

ERISA Lawsuit Alleges DuPont Underpaid Retirees July 21, 2021. By Anne Wallace.
Wilmington, DE M.P. Moon will have another chance to persuade a Delaware federal court that DuPont and its corporate predecessors and successors cheated him and similarly situated retirees of thousands of dollars in pension benefits. His ERISA lawsuit describes years of misinformation, followed by internal procedural rules that protected DuPont from the necessity of correcting its own error.
Read [ ERISA Lawsuit Alleges DuPont Underpaid Retirees ]

Jander ERISA Lawsuit Settles, but Leaves Questions

Jander ERISA Lawsuit Settles, but Leaves Questions July 9, 2021. By Anne Wallace.
New York, NY Jander v. Retirement Plans Committee of IBM, a long-running employee stock ownership lawsuit, settled on April 2, 2021 for $4.75 million. The attorneys who represented the retirement plan participants have now requested $1.4 million in fees for the latest Supreme Court phase of the case. In deciding whether to approve the fee, the Southern District of New York will consider the time and effort the lawyers expended.
Read [ Jander ERISA Lawsuit Settles, but Leaves Questions ]

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