Trucker Huss has a large and sophisticated ERISA litigation practice. When litigation is required on behalf of our clients, we provide substantial experience and expertise gained through more than 30 years of active ERISA litigation, including trial and appellate experience.
We also actively aid our clients in avoiding litigation if possible by assisting with the administrative processing of benefit claims and using alternative dispute resolution and other techniques to resolve matters on a pre-litigation basis.
In ERISA litigation matters, we represent:
- Employers and other plan sponsors
- Single employer and multi-employer retirement and health and welfare plans
- Plan fiduciaries (investment and administrative committees and trustees)
- Institutional fiduciaries (banks and trust and mutual fund companies)
- Investment managers and investment consultants to plans
- Third party administrators and other service providers to plans
- Fiduciary liability insurers
We provide our clients with extensive knowledge of the specialized issues raised by ERISA litigation and support our clients on a full range of ERISA litigation matters, including:
- Benefits claims by participants
- Claims for breach of fiduciary duty (such as investment losses, employer stock matters, plan governance and other administration issues, prohibited transactions and ESOP valuation issues)
- Representation of plan fiduciaries in the litigation brought by the DOL.
- Representation of multi-employer welfare administrators in benefit payment and other issues
- Representation of plan service providers against state law malpractice claims
If you'd like to know more
- The Pleading Standard Applicable to Claims Involving Private Company ESOPs: Does Dudenhoeffer Apply or Not?
JOSEPH C. FAUCHER AND DYLAN R. RUDOLPH, DECEMBER 20, 2017 This article analyzes how Dudenhoeffer applies in cases involving stock of closely held companies. It was first published by Wolters Kluwer in the Journal of Pension Benefits, Summer 2017, Vol. 24, No. 4. In our last article, “ERISA Stock Drop Cases Since Dudenhoeffer: The Pleading Standard Has […]READ MORE
- ERISA Stock Drop Cases Since Dudenhoeffer: The Pleading Standard Has Been Raised
JOSEPH C. FAUCHER AND DYLAN R. RUDOLPH, DECEMBER 13, 2017 This article analyzes the Dudenhoeffer pleading standard and “stock drop” cases. It was first published by Wolters Kluwer in the Journal of Pension Benefits, Spring 2017, Vol. 24, No. 3. I. Introduction Before 2014, most of the federal Courts of Appeals applied a “presumption of prudence” when […]READ MORE
- New Wave of Retirement Fee Litigation: The University 403(b) Lawsuits
CLARISSA A. KANG, January 2017 The fiduciaries of retirement plans for 12 major universities have been hit with coordinated lawsuits asserting breaches of fiduciary duty arising from allegedly excessive fees for administrative and investment management services, imprudent selection and monitoring of recordkeepers and investment options, underperforming plan investment options, and a “paralyzing” array of […]READ MORE