During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
To state a viable ERISA claim against the trustees of an ESOP for continuing to invest in the employers' stock, the plaintiff must plead specific facts showing that an alternative existed and would have benefited the plan's beneficiaries more than continuing to buy the employer's stock. See Fifth Third Bancorp v. Dudenhoeffer (2014) 134 S.Ct. 2459. In doing so, the… Read More
Wells Fargo's ERISA plan contained a forum selection clause, choosing the District of Minnesota, where the plan was administered. This decision holds sthat the forum selection clause is enforceable. ERISA allows a plan beneficiary three venues for bringing suit. 29 U.S.C. § 1132. Wells Fargo clause specified one of them. If Congress had meant to bar forum selection clauses in… Read More
ERISA does not preempt Nevada’s statute limiting the liability of general contractors to pay benefit plan contributions that their subcontractors owe by fail to pay. Read More
A Washington Consumer Protection Act claim against an HMO over its restrictive practices regarding mental health treatment was not completely preempted by ERISA since the claims arose solely under Washington law, which requires that health insurers treat mental health conditions no less favorably than somatic health problems. Read More
The ERISA benefit fund cannot collect unpaid contributions from the employer corporation's officers and directors. Read More
A medical provider may generally only sue for payment as an assignee of the plan beneficiary to whom the provider gave services, and such a suit must be brought under ERISA, not state law—including any tag-along claims for unfair competition, interference with contract and the like. Read More
District court should review ERISA plan administrator’s eligibility determination de novo since a California statute, which is not preempted by ERISA, bans clauses granting an insurer discretion to determine eligibility for policy benefits. Read More
Though the employee generally bears the burden of proving his eligibility for benefits under an ERISA plan, the plan or employer when proof is, or should be, in the employer’s records. Read More
