ERISA Litigation Involving Health and Welfare Plans

Recent Developments in Business and Corporate Litigation, 2020 Edition

The American Bar Association’s (ABA’s) Business Law Section has published the 2020 edition of its annual compilation Recent Developments in Business and Corporate Litigation. Analysis Group Managing Principal D. Lee Heavner, Principal Mark Gustafson, Vice President Peter Rybolt, and Manager Phil Hall-Partyka coauthored the “ERISA Litigation Involving Health and Welfare Plans” section of the ERISA chapter.

Their section provides an overview of ERISA litigation involving US group health and welfare plans. The authors note that to date, this litigation has focused primarily on administrative costs, such as claims adjudication and hired consultants. The authors then review four recent cases that had developments: two involving allegations of excessive health care plan administrative costs, one regarding class certification, and one involving allegations of premium overcharges. The authors conclude that these developments may indicate that ERISA litigation could increasingly focus on welfare plans.

Recent Developments in Business and Corporate Litigation, 2020 Edition is available for sale on the ABA’s website.

Authors

Gustafson M, Hall-Partyka P, Heavner D, Rybolt P