ERISA LAWSUITS
ERISA Litigation: Employee Rights, Employer Duties, and Legal Remedies
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that regulates private-sector employee benefit plans, including health insurance, pensions, and disability benefits. ERISA was enacted to protect workers from mismanagement, fraud, and abuse by ensuring employers and plan administrators act in the best interests of participants.
Despite its protective purpose, ERISA litigation has become one of the most complex and heavily litigated areas of employment law. Workers often face wrongful denials of benefits, fiduciary mismanagement of retirement funds, or violations of disclosure obligations. In these cases, individuals and classes of employees turn to ERISA lawsuits to enforce their rights.
What Is ERISA?
ERISA sets minimum standards for most voluntarily established pension and health plans in private industry. The law requires plan administrators to provide participants with plan information, imposes fiduciary responsibilities on those managing plan assets, and gives employees the right to sue for benefits and breaches of fiduciary duty.
Key features of ERISA include:
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Plan Information: Participants must receive important details about plan features, funding, and management.
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Fiduciary Responsibilities: Those managing plan assets must act solely in the interest of participants.
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Claims and Appeals Process: ERISA outlines procedures for employees to claim and appeal denied benefits.
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Right to Sue: Participants may file lawsuits for wrongful benefit denials, fiduciary breaches, or violations of statutory rights.
Common Types of ERISA Litigation
1. Wrongful Denial of Benefits
One of the most common ERISA lawsuits arises when an employee’s health insurance, disability, or retirement benefits are denied without proper justification. Insurance companies and employers may attempt to reduce costs by rejecting valid claims, leaving workers without essential benefits.
2. Breach of Fiduciary Duty
ERISA fiduciaries—such as plan administrators and investment managers—must act prudently and in the best interests of plan participants. Litigation often arises when fiduciaries:
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Mismanage plan investments
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Engage in self-dealing or conflicts of interest
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Fail to diversify assets
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Charge excessive fees
3. Retirement Plan Mismanagement
ERISA governs pensions, 401(k)s, and other retirement plans. Employers have been sued in large ERISA class actions for failing to monitor investment options, allowing high fees, or failing to protect retirement savings.
4. Failure to Disclose Information
Employers and plan administrators must provide accurate information about benefits, funding, and plan performance. Litigation may arise when they mislead participants or fail to disclose crucial details.
5. Healthcare & Disability Claim Disputes
Many ERISA claims involve disputes over disability insurance benefits or coverage for costly medical treatments. Courts have held that employees must exhaust administrative remedies before filing suit, but wrongful denials often end up in federal court.
The ERISA Litigation Process
ERISA lawsuits follow a specialized process distinct from typical civil litigation. Key steps include:
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Filing a Claim: Employees must first file a benefits claim with their plan administrator.
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Appeal Process: If denied, ERISA requires participants to exhaust internal appeals before litigation.
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Federal Court Litigation: Once internal appeals are denied, participants may file suit in federal court.
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Bench Trial: Most ERISA cases are decided by judges, not juries. Courts review the administrative record rather than hearing live testimony.
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Remedies: Successful plaintiffs may recover benefits due, enforce rights under the plan, or seek equitable remedies for fiduciary breaches.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
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Employee Rights Under ERISA
ERISA provides employees with several powerful rights:
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Access to plan information and documents
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The right to sue for wrongful denial of benefits
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The right to sue fiduciaries for breaches of duty
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Protection against employer retaliation for asserting ERISA rights
Employer Duties Under ERISA
Employers and plan administrators must:
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Act as fiduciaries, putting employee interests first
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Provide accurate disclosures about plans
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Establish clear claims and appeals procedures
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Ensure plan assets are diversified and managed prudently
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Avoid conflicts of interest
ERISA Litigation and Disability Claims
Disability insurance denials are among the most common ERISA disputes. Insurers often argue that claimants are not disabled under policy definitions, even when medical evidence supports disability. ERISA litigation gives employees a chance to challenge these denials, but strict deadlines and procedural hurdles make legal representation essential.
Excessive 401K Fees Lawsuits
Several large corporations have settled lawsuits with their employees regarding their retirement plans. Boeing Co agreed to pay $57 million to settle a lawsuit in which employees accused the company of mismanaging their 401(k) retirement plan.
- Participants in the Estee Lauder 401(k) Savings Plan filed a class action lawsuit, alleging the company breached fiduciary duties under the Employee Retirement Income Security Act (ERISA) by failing to prevent the plan from paying lower investment and recordkeeping fees. Plaintiffs said that as a large plan, the company should have had bargaining power regarding the fees and expenses that were charged on the participants’ investments. Attorneys claimed the company did not try to reduce expenses or scrutinize investment options to the best of their ability. The plaintiffs allege those in charge of the Estee Lauder accounts breached their duties by failing to adequately review the plan’s investment portfolio. They say these breaches cost 401(k) participants millions of dollars.
- Huntington Bancshares Inc. has made a $10.5 million deal to settle a proposed class action that challenged its decision to make allegedly underperforming company-owned mutual funds the centerpiece of its 401(k) retirement plan for company employees.
- Fidelity Investments settled a lawsuit involving their 401(k) plan for $28.5 million, which resolved a class-action case filed in 2018 that alleged the firm breached its fiduciary responsibility by adding its own products to the plan menu. The company had settled a similar claim in 2014 for $12 million. Fidelity has been accused of charging excessive fees. Lawyers say the company reportedly adjusted its discretionary profit-sharing contributions to participants based on the amounts that had been returned to their accounts.
- A trade association representing more than 900 electric cooperatives and public utility districts announced plans to settle a class action lawsuit challenging excessive 401K fees. The settlement would resolve a lawsuit that alleged the National Rural Electric Cooperative Association mismanaged its 401(k) plan in violation of ERISA.
- A participant in the Costco 401(k) Retirement Plan filed a lawsuit against the company, alleging violations of their ERISA duties. The lawsuit says the fiduciaries of the plan authorized unreasonably high 401k fees for recordkeeping. Attorneys claimed the plan generally chose more costly, managed funds rather than index funds that offered a substantially lower costs.
ERISA Settlements
Several highly-respected American universities such as, Columbia, Yale, Duke, New York University, MIT, Johns Hopkins, the University of Pennsylvania, Vanderbilt and Emory have been targeted with claims that retirement plans cheated employees through excessive fees.
401K Fees & Retirement Plan Fraud
Over 60,000 workers filed a recent class action lawsuit against Morgan Stanley. The suit claims that the company mismanaged its own employees’ retirement plans by offering poorly performing funds and charging excessive 401k fees.
The suit also alleges that the company used the 401(k) plan as an opportunity to promote its own business and maximize profits at the expense of its employees. It offered its own funds, without considering funds from other companies.
Pension Fund Negligence Cases
The Employee Retirement Income Security Act (ERISA) is a federal law that sets standards for most voluntarily established retirement plans in private industry to provide protection for individuals. ERISA provides the following guidelines and regulations:
- Plans must provide participants with plan information, including information about plan features and funding
- ERISA sets minimum standards for participation, vesting, benefit accrual and funding
- ERISA outlines fiduciary responsibilities for those who manage and control plan assets
- ERISA requires plans to establish a grievance and appeals process for participants to get benefits from their plans
- The law also gives participants the right to sue for benefits and breaches of fiduciary duty. If a benefit plan is terminated, the law guarantees payment of certain benefits through a federally chartered corporation.
The Lyon Firm is proud to litigate Excessive 401k Fee cases on behalf of employees whose 401(k) and pensions have suffered losses as a result of a breach of fiduciary duties by plan administrators and corresponding companies.
Joe Lyon has recovered millions of dollars for American workers and consumers in a variety of consumer protection lawsuits and class action employment litigation.

Why Hire The Lyon Firm for your ERISA Lawsuit?
ERISA lawsuits are highly technical, requiring deep knowledge of federal statutes, fiduciary standards, and employee benefit law. The Lyon Firm represents individuals and classes of employees in ERISA litigation nationwide, standing up to corporations and insurance companies that unlawfully deny benefits or mismanage retirement plans. By hiring The Lyon Firm, you gain:
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Experience: Proven success in ERISA lawsuits, wrongful benefit denials, and class actions.
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Nationwide Representation: The firm investigates cases across the country.
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Employee-Centered Advocacy: Protecting workers against powerful corporations and insurers.
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Free Consultations: Employees can discuss their claims at no cost.
If you believe your health, disability, pension, or retirement benefits were wrongfully denied, or if you suspect your employer has mismanaged your plan, contact The Lyon Firm. We are committed to protecting employee rights and holding fiduciaries accountable.
CONTACT THE LYON FIRM TODAY
Questions about ERISA Litigation
ERISA litigation commonly involves:
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Wrongful denial of health, pension, or disability benefits
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Fiduciary breaches in retirement plans (401k, pensions)
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Mismanagement of plan assets and excessive fees
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Failure to disclose plan information
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Employer retaliation for exercising ERISA rights
Yes. Employees can file an ERISA lawsuit if their employer or plan administrator wrongfully denies benefits, fails to disclose information, or breaches fiduciary duties. ERISA lawsuits are typically filed in federal court.
What damages are available in an ERISA lawsuit?
ERISA limits recoverable damages. Employees may recover:
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Benefits wrongfully denied
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Enforcement of plan rights
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Equitable remedies (such as removing a fiduciary)
Unlike other lawsuits, punitive damages are not typically available under ERISA.
By filing a claim following the loss of an investment due to financial advisor negligence, you have a chance to recoup your losses and get compensated for poor 401 (K) or pension fund management.
A fiduciary duty for a retirement fund manager is an obligation to act in the best interest of the plan members.
Last year there were a record number of 401(k) lawsuits due to excessive fund fees, low returns and limited investment options. Class action lawsuits may be necessary if your employer is not looking after your retirement plan carefully, and fairly distributing your hard-earned money.
The fee structure of any retirement plan is critical, particularly the expense ratio. Many funds have an expense ratio of 0.20% or less, while others charge above 1%, which will quickly add up and limit the capital growth expected.
Some attorneys have alleged that companies engage in revenue sharing, where they may overcharge plan participants and that money is filtered to the plan administrator, recordkeepers, brokers, or financial advisors. These hidden overcharges will erode returns.
An Investment Plan Class Action is a lawsuit usually brought by an individual on behalf of all other similarly situated individuals in order to resolve a financial plan dispute in an efficient format.
If you are part of a pension fund or retirement plan and believe your fund managers are negligent in giving plan members the best investment advice or options, contact an attorney to review.
Fund managers and financial advisors have a duty to their plan members to seek the highest returns and lowest management fees available. If you suspect your fund managers are “churning fees” or putting you into funds for self interests, you may have a viable lawsuit.
If you pay a third-party plan administrator it is important to beware of the fees you are being charged.
If your 401(K) has lost value due to excessive management fees, you may have a viable case, and should contact a legal professional. Your employer’s HR should be monitoring any fund fees that seem out of the ordinary.
Your employer is responsible for maintaining your 401(k) retirement plan, and explaining the details of the plan. Employers are also responsible for choosing a vendor and how the fees will be charged to the plan. If an employer fails to maintain and monitor a 401(k) program, a poor-returning retirement plan may result and can be grounds for filing a 401(k) mismanagement lawsuit.
If your pension fund, 401 (K) or retirement plan is underperforming the market or experiencing unusual losses, you have the right to ask questions. The Lyon Firm can review whether your fund is properly managed and has reasonable investment fees.
An L Brands 401(k) plan participant filed a class action lawsuit against the retailer, alleging the company breached its fiduciary duties in the management of the retirement plan.
The lawsuit claims L Brand, the parent company of Bath & Body Works and Victoria’s Secret, breached its duties under the Employee Retirement Income Security Act (ERISA) with excessive plans fees and choosing more expensive share classes of its investments instead of less expensive options.
The suit said the L Brands Inc. 401(k) Savings and Retirement Plan breached its duties by paying excessive fees to Wells Fargo from 2014 to the present. Plaintiff also allege the company breached its financial duties by not offering institutional share classes of some of its investment options. The L Brands Inc. 401(k) Retirement Plan has around $1.6 billion in assets, according to a filing from last year.
DeMoulas Super Markets Inc., the company behind the New England grocery chain Market Basket, will pay $17.5 million to settle a retirement plan class action in which plaintiffs claimed it forced employees to invest retirement savings in a fixed-income fund that earned small returns and overall provided little opportunity for growth. The settlement requires DeMoulas to limit the amount of plan assets held in cash and modify the plan’s investment policy to increase the annual profit target.
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We will determine, together with you, what makes sense for the next step for you and your family to take.
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