Miller Johnson’s Employment Retirement Income Security Act (ERISA) litigation practice group represents businesses, employers, insurers, retirement and welfare plans, third-party claim administrators, hospitals, and others in connection with  claims for benefits, breach of fiduciary duty, and other disputes arising under ERISA.

Miller Johnson’s ERISA litigators practice extensively in the area of benefits and fiduciary litigation and have a thorough knowledge of ERISA and its regulations.  The lawyers in our practice group possess experience in a wide variety of litigation involving both self-funded and fully insured employee benefit plans. We regularly represent life and disability insurance carriers, employers as plan sponsors and administrators, and claim administrators in both routine and complex employee benefits litigation in state and federal court.

Our goal is to efficiently and effectively represent our clients in ERISA litigation and to achieve a successful and cost-effective result in each case we handle.  Among the matters that Miller Johnson’s ERISA litigators have handled are the following representative examples:

  • Mullins v GFS Division Voluntary Employee Benefits Plan, 2010 WL 4318851 (W.D. Ky. October 25, 2010) (obtaining judgment for an ERISA plan in a disability case)
  • Wernimont v UNUM Life Ins. Co. of America, 2010 WL 5015508 (W.D. Mich. Dec 3, 2010) (successfully obtaining judgment for the insurer in a disability case)
  • Morrison v UNUM Life Ins. Co. of America, 730 F.Supp.2d 669 (E.D. Mich. 2010) (successfully obtaining judgment for the insurer in an AD&D claim)
  • Isner v Minnesota Life Ins. Co., 677 F.Supp.2nd 950 (E.D. Mich 2009) (successfully obtaining judgment for the insurer in a disability claim)
  • Tiffany v UNUM Life Ins. Co. of America, 250 F.R.D. 314 (W.D. Mich. 2008) (obtaining judgment on the pleadings in a life insurance case)
  • Moore v Lafayette Life Ins. Co., 458 F.3d 416 (6th Cir. 2006) (successfully representing an insurer in a  claim for disability benefits, and obtaining an award of attorney’s fees for the client)
  • O’Connor v. Provident Life and Acc. Co., 455 F.Supp.2d 670 (E.D. Mich., 2006) (successfully representing an insurer in a claim for payment of life insurance benefits)

Members of the practice group frequently speak or write on significant ERISA topics.  A sample of the articles our litigators have written include:

  • “ERISA Reimbursement Update:  Recovery of Overpayments Created by Social security Disability Awards,” The Voice, November 27, 2007.
  • “Michigan Insurance Commission Bans Discretionary Clauses,” Life, Health & Disability News, Summer 2007.
  • “Employee Suspended Without Pay is Ineligible for Disability Benefits,” ERISA Update, Summer 2007.
  • “Court Allows Claim Under Both §502(a)(1)(B) and §502(a)(3),” Life, Health & Disability News, Spring 2007.
  • “ERISA Does Not Preempt Waiver of Right to Benefits,” Life, Health & Disability News, Spring 2007.