Benefit plan litigation Under ERISA
Elliott Greenleaf’s attorneys represent managed care organizations, employers and insurers in cases brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. The firm has successfully litigated these cases to victories at trial and summary judgment.
This representation includes extensive litigation in every aspect of employee benefits, including issues relating to federal preemption of state law claims, fiduciary duty claims against ERISA plan sponsors and administrators, claims relating to eligibility and entitlement to benefits, and claims for penalties. Elliott Greenleaf attorneys have litigated significant and fast-changing issues concerning the proper standard of review, the scope of ERISA preemption, the nature of fiduciary duties imposed by ERISA, federal regulations relating to processing claims, and the weight to be given to certain types of medical and vocational evidence.
These cases include litigation relating to all types of employee benefits: health plans; short-term, long-term and managed disability benefits; severance plans; life insurance plans and retirement income plans. Elliott Greenleaf’s representation relating to health plans also includes extensive litigation relating to state and federal regulation of health plans, and the manner in which claims for health benefits are paid and processed.