Practice Area

ERISA Trust Funds

Practice Area

ERISA Trust Funds

An ERISA document on a table with reading glasses and a pen.

Founding Member James G. (Jim) Stranch III and his wife, Judge Jane Branstetter Stranch of the 6th U.S. Circuit Court of Appeals, were early pioneers of 401(k) ERISA (Employee Retirement Income Security Act) litigation. They jointly litigated numerous groundbreaking cases, such as Qwest Savings and Investment Plan ERISA litigation ($57.5 million total payout to class members) and In re: Nortel Networks Corp. ERISA litigation ($21.5 million settlement).

Since those earlier years, our firm has become known across the U.S. for successfully representing clients in employee retirement benefit plans governed by ERISA. These cases include multi-million-dollar class action lawsuits as well as individual claims, including wrongful denial of benefits and other participation issues, such as breach of fiduciary duties, retaliation and interference with protected rights, imprudent investment claims in employer stock, and unpaid employee contributions related to 401(k) and other retirement plan contribution issues.

For decades, our attorneys have represented clients and served as lead and co-lead counsel in a wide range of ERISA matters, including Taft-Hartley health and welfare funds JATC apprenticeship funds, defined contribution funds and defined benefit pension funds. In addition, we advise ERISA plan fiduciaries on a variety of administration and compliance issues; establish employee benefit trusts and plans; handle administrative claims and appeals for LTD, STD and other benefits; assist with Department of Labor audits, interpretations, investigations and enforcement; and numerous other issues.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult with an attorney.

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ERISA Trust Funds

Cases Served

In: re Global Crossing Ltd. ERISA Litigation, No. 02 Civ. 7453 (S.D. New York) (Lynch). One of several counsel in a 401(k)/ESOP class action suit brought on behalf of pension plan participants against fiduciaries at Global Crossing for violation of duties owed under ERISA. The settlement reached provided a $79 million cash payment to the plan for participants and allowed plan to recover in parallel securities action.

In re: Xcel Energy, Inc. ERISA Litigation Civ. 02-2677 (D. Minnesota) (Doty). Co-lead counsel in a 401(k)/ESOP class action suit brought on behalf of the pension plan against fiduciaries of Providian Financial Corp. for violation of duties owed under ERISA. The settlement reached (remove that) provided an $8.6 million cash payment to the plan for participants, lifted stock restrictions in the plan with a value between $38 million and $94 million, and allowed the plan to recover in parallel securities action.

In re: Hitchcock v. Cumberland University 403(b) DC Plan, 851 F.3d 522 (6th Circuit 2017). As a result of this case, the university returned hundreds of thousands of dollars to employees’ retirement accounts that it had wrongfully withheld. The firm succeeded in setting the precedent that plan participants can take legal claims, such as breach of fiduciary duty, straight to the courts, without having to exhaust administrative remedies through the plan, an issue of first impression in the 6th Circuit.

In re: Providian Financial Corp. ERISA Litigation, No. C 01-5027 (N.D. California) (Breyer). Co-lead counsel in a 401(k)/ESOP class action suit brought on behalf of the pension plan against fiduciaries of Providian Financial Corp. for violation of ERISA duties. Settlement provided an $8.6 million cash payment to the plan for participants, lifted company stock sales restrictions in the plan valued between $3.66 million and $5.85 million, and allowed plan to recover in a parallel securities action.

In re: Qwest Savings and Investment Plan ERISA Litigation, No. 02-RB-464 (D. Colorado) (Blackburn). Co-lead counsel in a 401(k)/ESOP class action suit brought on behalf of pension plan participants against fiduciaries at Qwest Communications and the Trustee, Bankers Trust/Deutsche Bank, for violation of duties owed under ERISA. A settlement was reached which provided a $57.5 million total payout to class members.

In re: Nortel Networks Corp. “ERISA” Litigation, No. 3:03-MD-1537 (M.D. Tennessee) (Nixon). Co-lead counsel in a 401(k)/ESOP class action suit brought on behalf of pension plan participants against fiduciaries of Nortel Network Corp. for violation of duties owed under ERISA. Court approved a settlement that provided a minimum recovery of $21.5 million plus access to additional monies held by others.

In re: Delphi Corp. ERISA Litigation (Polito v. Delphi Corporation, et al.), No. 05-cv-71249 (E.D. Michigan). Lawsuit brought on behalf of participants in Delphi pension plans alleging that plan fiduciaries breached their duties and responsibilities under ERISA by, among other things, failing to investigate the prudence of an investment in Delphi stock and by making misrepresentations about the company’s accounting practices for off-balance sheet financing and vendor rebates dating back to 1999.

In re: Montana Power ERISA Litigation, No. 4:02-0099 (D. Montana) (Haddon). Co-lead counsel in a 401(k)/ESOP class action suit brought on behalf of pension plan participants against fiduciaries of Montana Power, Touch America and Northwestern Energy and against the Trustee, Northern Trust, for violation of duties owed under ERISA. Settlement was reached that provided a minimum recovery of $4.9 million plus access to additional monies held by others.