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ERISA Litigation

  • OVERVIEW
  • PROFESSIONALS
We have represented corporations of all sizes and insurers in all kinds of ERISA benefit litigation across the United States. We defend against claims for pension, life, health, disability and severance benefits and against claims asserting breach of fiduciary duty. The unique features of ERISA litigation allow us to effectively and efficiently represent clients in courts throughout the United States. Most ERISA benefit cases are decided on summary judgment without discovery or oral argument, which means that our attorneys can represent the plan, the administrator or the fiduciary as effectively from the firm’s St. Louis office as from any other city, usually at substantially lower rates. In addition, unless an attorney focuses his or her practice on ERISA as our attorneys do, the client may not receive the full benefit of ERISA’s unique defenses.

We have been at the forefront of ERISA litigation related to cash balance plans, early retirement programs, ESOPS, stock drops and the reduction of retiree medical benefits. We have represented a party in more than 30 federal appellate reported decisions and more than 80 reported decisions from district courts across the country. Our clients vouch for our effective and efficient representation, and they consider us an important part of their employee benefit team.

We serve as national ERISA litigation counsel for Xerox Corporation and for PepsiCo, Inc., and recently have represented Johnson & Johnson in ERISA litigation pending in California, New Mexico and Illinois. Our attorneys have won cases before the First, Second, Fifth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits. We have successfully enforced forum selection clauses in ERISA plans and obtained summary judgments on the grounds the participant failed to exhaust his or her administrative remedies. And, of course, we have won cases involving straightforward ERISA § 502(a) claims for various benefits.

Richard J. Pautler

314.552.6470
email

Partners
Pautler, Richard J.
Winchell, Patricia A.
Senior Counsel
Mills, Lewis R.
  • Hartford Life and Accident Insurance Company
  • Standard Insurance Company
  • PepsiCo, Inc.
  • Sun Life Assurance Company of Canada
  • Xerox Corporation

  • Pendleton v. QuikTrip Corporation: We won summary judgment on an ERISA § 510 claim by a long-term employee who claimed his employer had terminated his employment to avoid the obligation to pay him severance and stock option benefits. The Eighth Circuit affirmed. 
  • Jenkins v. Price Waterhouse Long Term Disability Plan: We won summary judgment against a participant with AIDS who had received disability benefits for 12 years before those benefits were terminated. The Seventh Circuit affirmed. 
  • Keach v. U.S. Trust Co. N.A.: After a three-week trial, the Court entered judgment in favor of all defendants and against the plaintiff, who alleged that the defendants had breached various fiduciary duties as a part of the ESOP purchasing 100% of the company. The Seventh Circuit affirmed.