2/5/2026 2:36:09 PM Second Tobacco Premium Surcharge Case Dismissed By Kara Petteway Wheatley On February 3, 2026, a federal court in Missouri granted a motion to dismiss a tobacco premium surcharge lawsuit. This is the second time...
1/14/2026 4:03:40 PM Supplemental Benefits Are The New Target For Excessive Fee Lawsuits By Christine Keller Viv Hunter Turner Plaintiffs’ attorneys who bring excessive fee class action lawsuits under ERISA have found a new target – supplemental benefits, such as...
1/8/2026 2:51:56 PM ESOP Non-Company Stock Suit Reaches Appeals Court By Andrew Salek-Raham Lawrence Brett Several cases have been filed challenging the investment decisions concerning non-company stock assets held in employee stock ownership...
9/18/2025 7:45:11 PM A Noteworthy Top Hat Decision By Lou Mazawey A recent Eleventh Circuit decision is worth noting for employers that sponsor SERPS and other “top hat” plans that provide annuity and...
9/8/2025 8:28:24 PM Tobacco Surcharge Class Action Litigation Risks Continue By Viv Hunter Turner Kara Petteway Wheatley Plaintiffs have filed more than 40 lawsuits against employer health plans that impose a tobacco surcharge. We anticipate that plaintiffs...
8/29/2025 9:36:36 PM The Million Dollar Payout for COBRA Notices By Viv Hunter Turner Kara Petteway Wheatley The statutory penalty for COBRA notice violations can easily add up in light of ERISA’s statutory penalties of up to $110/day per...
8/28/2025 6:47:31 PM Braidwood Sent Back to District Court By Katie Amin The Fifth Circuit sent Braidwood back to the District court to address “compelling—and largely unrebutted—arguments that the Secretary’s...