The Williams Mullen Employee Benefits Litigation Team offers sophisticated and interdisciplinary solutions to clients faced with the complex challenges of employee benefits litigation. Williams Mullen’s employee benefits litigators have many years of experience representing private employers in litigation arising under the Employee Retirement Income Security Act of 1974 (“ERISA”) and other employee benefits legislation.
The Williams Mullen Employee Benefits Litigation Team offers sophisticated and interdisciplinary solutions to clients faced with the complex challenges of employee benefits litigation. Williams Mullen’s employee benefits litigators have many years of experience representing private employers in litigation arising under the Employee Retirement Income Security Act of 1974 (“ERISA”) and other employee benefits legislation.
ERISA Attorneys with State and Federal Court Experience
Our Employee Benefits Litigation Team includes attorneys who are experienced defending benefit, breach of ERISA fiduciary duty and prohibited transactions claims in state and federal courts. In addition, we have represented parties in mediations and arbitrations involving employee benefits claims and helped employers establish sound administrative claims processes. In appropriate cases, we have also represented individuals and companies with employee benefits claims.
Our team includes employee benefits, tax and labor and employment attorneys, all skilled litigators. Depending on the particular issues involved, our team will assemble the most appropriate lawyers and support personnel to bring about the best result possible for your situation.
Representative Experience
- Enforced a multinational corporation's contractual rights against a former CEO who improperly sought pension benefits under an ERISA pension plan, a foreign pension plan and a U.S. nonqualified pension arrangement.
- Defended plan sponsor/plan administrator bank in arbitration on claim for severance plan benefits.
- Defended bank sued as plan trustee in a civil case arising from a dispute over termination of real estate fund and distribution of cash from that fund.
- Represented retirement plan participants in a civil case against plan fiduciaries for fiduciary breach and prohibited transactions.
- Defended Fortune 500 corporation in a civil case for garnishment of plan benefits.
- Defended plan trustees against claims in a civil case by a terminated employee for alleged breach of fiduciary duty.
- Defended a major media corporation against ERISA disability benefit claims.
- Represented recovery agent in a civil case for subrogation claim on behalf of health insurance benefit plan, to recover funds paid out to plan participant.
- Defended plan trustees in a civil case against a claim of stock price for sale of stock to an employee stock option plan (ESOP).
- Defended companies for claims for multi-employer plan withdrawal liability payments.
- Defended plan administrator against a claim of improper payment of medical benefits not subject to “stop loss” reimbursement.
- Defended large national insurer in a civil case against a claim under an accidental death and dismemberment benefits plan.
- Regularly defending employers and third-party claims fiduciaries against claims under medical benefit and disability benefit plans.
- Extensive experience counseling and representing individual plan participants in civil cases for claims for medical benefits or disability benefits.
National Federation of Independent, Community-based and Locally Operated Companies that Collectively Provide Healthcare Coverage for Americans
- Defended insurance company in employee benefits dispute over coverage for a governmental employee benefits plan.
Individual
- Represented individual involved in a wrongful termination of employee benefits under ERISA case.
Benefits Plan Administrator
- Defended plan administrator in ERISA action.
Docking Pilots
- Represented two docking pilots, who were participants in a union pension plan, in a suit against the union, its plan and plan fiduciaries.
Local Physician Practice
- Defended a physician practice sued by a former non-doctor employee. Plaintiff brought claims against the employer, Plan Administrator and two retirement plans alleging the Plaintiff was entitled to several hundred thousand dollars more in contributions, and was entitled to recover $3M in civil penalties against the Plan Administrator for failure to provide copies of requested plan documents.
National Maker and Vendor of Specialty Products for Industry
- Defended our client company's benefits plan and plan administrator when the mother of a deceased employee of our client company sued for death benefits, disputing the son's final designation of his estranged wife as his beneficiary.
National Federation of Independent, Community-based and Locally Operated Companies that Collectively Provide Healthcare Coverage for Americans
- Defended health care insurer for coverage of autologous bone marrow transplant under a plan sponsored through the Federal Employee Health Benefits Act (FEHBA).
International Manufacturer and Distributor of Tires and Rubber Products
- Defended a client against claims brought by a hospital that sued following the Plaintiff's treatment of client's employee when benefits under client's medical plan were refused on the grounds of an exclusion for unlawful activity.
International Paper Products Manufacturer
- Defended a paper products manufacturer that was sued for severance benefits by four of its former management-level employees.
News
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08.18.2022
123 Williams Mullen Attorneys Listed in 2023 Edition of The Best Lawyers in America©
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06.09.2021
Laura Windsor Named to 2021 Class of ‘Influential Women of Law’ by Virginia Lawyers Weekly
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05.05.2021
Williams Mullen Strengthens Litigation Section with New Attorney in Raleigh
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03.03.2020
PODCAST: SECURE Act Implications for 401(k) Plans
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08.15.2019
119 Williams Mullen Attorneys Listed in 2020 Edition of The Best Lawyers in America©
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08.02.2019
Federal Judge Dismisses ERISA Fiduciary Breach Claim against University for Lack of Standing
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04.25.2019
30 Williams Mullen Attorneys, 12 Practice Areas Recognized in Chambers USA 2019
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04.10.2019
6 Williams Mullen Attorneys Ranked on 2019 Top Lists by Virginia Super Lawyers
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08.15.2018
110 Williams Mullen Attorneys Listed in Latest Edition of The Best Lawyers in America©
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08.14.2018
14 Williams Mullen Attorneys Named ‘Lawyers of the Year’ by The Best Lawyers in America©
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04.18.2018
53 Williams Mullen Attorneys Named to 2018 Virginia Super Lawyers List; 20 Named 2018 Rising Stars
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08.14.2017
114 Williams Mullen Attorneys Listed in The Best Lawyers in America 2018
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04.14.2017
54 Williams Mullen Attorneys Named to 2017 Virginia Super Lawyers List; 21 Named 2017 Rising Stars
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08.15.2016
Nine Williams Mullen Attorneys Named 2017 ‘Lawyers of the Year’ by Best Lawyers®
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08.15.2016
100 Williams Mullen Attorneys Named 2017 Best Lawyers in America
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03.04.2016
Mark Thomas Pens Article for Bloomberg BNA Tax Management Compensation Planning Journal
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02.17.2016
56 Williams Mullen Attorneys Named 2016 Virginia Super Lawyers; 22 Named 2016 Rising Stars
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01.21.2016
Mark Thomas' Recent Alert Published in National Benefits Newsletter
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01.20.2016
Federal Court Dismisses “Excessive Fee” Claims Against Plan’s Service Provider: McCaffree Financial Corporation v. Principal Life Insurance Company
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11.20.2015
Group Life Insurance Claims by a Teacher’s Beneficiary Are Subject to ERISA Preemption: Woods v. American United Life Insurance Company
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11.03.2015
Williams Mullen Ranked Nationally in 16 Legal Practices by U.S. News – Best Lawyers ‘Best Law Firms’ 2016
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09.17.2015
Plaintiffs’ Misdirected Demand for Documents Fails, and Their Claim for ERISA Civil Penalties Is Dismissed: Boyd v. Sysco Corporation
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08.27.2015
State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.
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08.17.2015
106 Williams Mullen Attorneys named 2016 Best Lawyers in America
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07.27.2015
Health Care Providers Lacked Standing to Sue as ERISA Beneficiaries: Rojas v. Cigna Health and Life Insurance Company
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06.26.2015
ERISA Case Highlights Importance of Written Releases at Termination of Employment: Sullivan v. Stanadyne Corporation
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04.24.2015
Participant’s Estate Fails to Show a Claim For Failure to Give Notice of Right to Continue Life Insurance Coverage: Estate of Moceri v. Ratner Companies, LC
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04.22.2015
EEOC Issues Important Proposed Rule Governing Employer Wellness Programs
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03.11.2015
Sixth Circuit Overturns the Lower Court’s Award of $3.8 Million in Alleged Profits Arising From a Denial of Benefits
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02.27.2015
Court Holds That Physician’s State Law Claim For Disability Benefits Is Preempted by ERISA: Hershan v. Unum Group Corporation
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02.12.2015
Court Permits Beneficiary Designations By Telephone
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01.29.2015
Ex-Husband Fails in Attempt to Use Texas Law to Impose Constructive Trust on Former Spouse’s Survivor Annuity
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12.23.2014
In Post-Dudenhoeffer Decision, Class Action Plaintiffs Are Allowed to Pursue Their Claims For Fiduciary Breach Against Eastman Kodak Plans
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09.26.2014
Misclassified Employees Are Not Barred From Recovering Damages Based on Value of ERISA Plan Benefits They Should Have Been Provided: Gray v. FedEx Ground Package System, Inc.
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08.18.2014
Eight Williams Mullen Attorneys Named 2015 “Lawyers of the Year” by The Best Lawyers in America
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08.18.2014
100 Williams Mullen Attorneys Named 2015 Best Lawyers in America
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08.06.2014
Fourth Circuit Adopts More Demanding Test for Exercise of Objective Prudence by Retirement Plan Fiduciaries -Tatum v. RJR Pension Investment Committee
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07.07.2014
D.C. Circuit Rules That "Exhaustion of Administrative Remedies" Is Not Required For Violations of ERISA’S Statutory Guarantees: Stephens v. Pension Benefit Guaranty Corporation
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05.29.2014
Seventh Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company
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04.25.2014
“You Can’t Bend It That Way, Beckham”: Federal Court Dismisses Plaintiff’s Attempted Claims for Equitable Relief
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02.19.2014
Court Holds That ERISA Plaintiff Cannot Claim Equitable Remedies When the Plaintiff Has Adequate Remedies to Recover Plan Benefits, Notwithstanding the Expansion of the Kinds of Equitable Relief in CIGNA Corp. v. Amara
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01.29.2014
The Devil Is In Those Details: Supreme Court Holds That the Clock for the Appeal of an ERISA Decision Began Running Sooner Than the Plaintiff Expected
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12.17.2013
Court’s Award of $3.8 Million Raises Questions About the Scope of ERISA Remedies
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10.31.2013
Williams Mullen Receives Top Rankings in U.S. News Best Lawyers "Best Law Firms"
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10.29.2013
Court Holds That Plan Sponsor’s SEC Filings Were Incorporated By Reference Into Retirement Plan’s Summary Plan Description and Constituted Part of the Plan Fiduciary’s Communications to Plan Participants
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09.24.2013
Court Holds That Severance Policy is Not an ERISA Plan: Okun v. Montefiore Medical Center
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08.06.2013
Post-Windsor Federal District Court Decision Rules that ERISA Plan Must Recognize Same-Sex Spouse as Beneficiary of Participant’s Death Benefits
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07.22.2013
Sixth Circuit Refuses to Allow Eight-Year-Old ERISA Claim to Proceed
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06.26.2013
Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability
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05.28.2013
Supreme Court Holds That Clear Plan Terms Control Equitable Remedies: U.S. Airways, Inc. v. McCutchen
Events
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Brydon M. DeWitt
Partner- Phone:804.420.6917
- Email:Email
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Alexander M. "Zan" Gormley
Partner- Phone:919.981.4056
- Email:Email
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Laura D. Windsor
Partner- Phone:804.420.6466
- Email:Email