erisa litigation

Notable Cases

ERISA cases where Thompson Coburn has been at the forefront of significant issues include:

• Price v. Xerox Corp., Case No. 05-3398 (8th Cir. April 19, 2006) — the first case to address how long a participant must be allowed to make his second administrative appeal.
  
  
• Berger v. Xerox Retirement Income Guarantee Plan, 338 F.3d 755 (7th Cir. 2003) — one of the leading cases concerning the calculation of lump sum distributions under a cash balance plan (i.e. whipsaw).
  
  
• Solutia Inc. v. Forsberg, Case No. 3:98CV237 RV/SMN (N.D. Fla.) — an early case addressing a fiduciary’s right to bring a declaratory judgment action concerning a plan sponsor’s right to reduce retiree medical benefits.
  
  
• Prudential v. Doe, 140 F.3d 785 (8th Cir. 1998) — a leading case confirming the fiduciary’s right to bring an action seeking a declaration of rights.
  
  
• Wald v. Southwestern Bell Corp. Customers Medical Plan, 83 F.3d 1002 (8th Cir. 1996) — the first appellate court to hold that remedies under § 502(a)(3) are unavailable if a remedy is available under § 502(a)(1).
  
  
• Vartanian v. Monsanto, 14 F.3d 697 (1st Cir. 1994) and 131 F.3d 264 (1st Cir. 1997) — one of the leading cases defining who is a "participant" under § 3(7) of ERISA and describing the test for "serious consideration" in the development of plan amendments.
  
  
• Jass v. Prudential, 88 F.3d 1482 (7th Cir. 1996) — one of the leading cases concerning complete preemption and who is a proper defendant to a § 502(a)(1) claim.
  
  
• Klotz v. Xerox, S19 F.Supp.Zd 430 (S.D.N.Y. 2007) and Bernikow v. Xerox, 2006 WE 2536590 (C.D. Cal. 2006) — among the first cases to hold that a plan’s forum selection clause is enforceable.