Reinhart's employee benefits litigation team combines the interdisciplinary skills of experienced trial lawyers and our nationally respected Employee Benefits Practice to resolve disputes relating to employee benefit plans. Representing plans, plan sponsors, administrators and all types of fiduciaries, we appear around the country in trials, arbitrations, mediations and informal negotiations to resolve disputes effectively.
Our extensive experience in a wide variety of areas enables us to avoid starting from scratch on every new case. Our trial lawyers understand not only the complicated federal and state laws that affect employee benefit plans, but also the complex actuarial, finance and investment concepts that often relate to ERISA litigation. We also appreciate the fiduciary obligations of our clients to the funds they serve, and bring this understanding to every dispute we address.
We regularly represent clients in disputes relating to:
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Contribution, withdrawal liability and other responsibilities of employers in single- and multiemployer plans
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Fiduciary and other responsibilities of trustees, investment advisors, administrators and consultants
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Trustee voting deadlocks in multiemployer plans
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Mergers, terminations and similar plan changes
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Benefits claims
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Subrogated claims
Here is a handful of examples of our more recent ERISA litigation work:
Arbitrations
Edstrom Industries v. Companion Life (2007) (appeal in 2008) (issue regarding whether a self funded ERISA Plan or its reinsurer retained liability for a catastrophic claim)
Deadlocked vote between trustees of a national Taft-Hartley ERISA plan (2004), in which the arbitrator accepted our client's position in all respects
Deadlocked vote between trustees of a Taft-Hartley ERISA health and welfare plan (2009) (arbitrator entered summary judgment in favor of our client)
Fiduciary liability/Stock Drop / Other
Harrington Wealth Management Corp. v. EMPO Corporation et al. (Minnesota State Court 2007). We obtained complete dismissal on the pleadings of a range of fiduciary liability claims against a group of 72 sponsors of a multiemployer pension plan, as well as against the plan's former trustee. The suit was brought by the successor trustee of the plan, and the court agreed with us that the claims were incompatible with ERISA's remedial scheme.
Buckmaster et al. v. Wyman et al., 33 Pension & Benefits Reporter 1634 (E.D. Wis. 2006). We obtained summary judgment for a group of pension plan trustees accused of imprudent investment of employer stock, and breach of fiduciary duty, in this stock-drop class action. The court agreed with us that ERISA section 502 prevented the Class from recovering any damages. We also defeated class certification.
Beeson v. Cuff (N.D. Ill. 2006). We defended the former trustee of a pension plan against imprudent investment and breach of fiduciary duty claims, leading to favorable early settlement, in this ERISA fiduciary liability case brought by the trustee of the plan.
M&I Trust v. Leslie, et al (E.D. Wis. 2005) We defended a former trustee and majority owner of an ESOP in a suit brought by the trustee for the minority owners regarding the valuation of the stock price at the time of sale and subsequent depreciation after sale. After obtaining partial summary judgment and having a later summary judgment motion on the remaining claims filed but not yet heard, the case settled with no liability as to our client and plaintiff paying amounts fees to defendants.
Representation of former trustee and plan administrator of multi-employer fund in DOL investigation out of Chicago office, alleging prohibited transactions and breach of fiduciary duty. (2006-2010). Represented trustee in several interviews and meetings with DOL. DOL ultimately issued a no-action letter.
ERISA Benefit, Subrogation/ Reimbursement, and other recovery of plan assets under ERISA 502(a)(3) Cases
We have multiple benefit, subrogation, and withdrawal liability cases ongoing. A few of the more recent decisions in our clients' favor include:
E.g., Osowski v. Stora Enso Pension Plan, 2007 WL 5614092, (W.D.Wis., July 26, 2007 (NO. 06-C-695-S). Summary judgment in Plan's favor on claim that Plan had incorrectly determined benefits regarding service under multiple pension plans.
Kruswicki v. Electrical Construction Industry Pension Plan, (E.D. Wis. Case No. 08-C-0632) (2009). Court entered summary judgment in Plan's favor on claims for benefits, estoppel and breach of fiduciary duty.
Chicago Graphic Arts Health & Welfare Plan v. Castaneda (N.D. Ill. Case No. 07-cv-436) (2008). Court granted motion for summary judgment on Plan's claim for reimbursement/ subrogation and awarded costs and fees.
Janz v. Electrical Construction Industry Health and Welfare Plan (Fond Du Lac Cir. Ct) (2008). Court rejected efforts by plaintiff to undermine Plan's reimbursement/ subrogation rights and awarded plan full amount of medical benefits advanced.
Hanson v. Milwaukee County Employees Retirement System (Milwaukee Circuit Court) (2008) This case involved a government benefit plan (not an ERISA case) but it involved similar issues. Plaintiff sought retroactive credit and benefit enhancements for prior service. Court granted plan's motion for summary judgment.