Our attorneys defend claims against health plan sponsors, fiduciaries and other service providers in all jurisdictions. We handle ERISA benefit litigation, whether individual or complex class action claims.

MWL has special expertise in handling claims for wrongful subrogation as well as underpayment claims brought by out-of-network medical providers. We have handled cases alleging violations of ERISA’s disclosure requirements and purported class actions alleging subrogation in violation of plan terms and state law.


Litigation Experience:

  • Benefits Claims Litigation
  • Notice and Disclosure Claims
  • Wrongful Subrogation
  • Breach of Fiduciary Duty
  • ERISA Preemption
  • RICO


Example Cases:

Shafer v. Zimmerman Transfer, Inc., 2021 WL 1851032 (S.D. Iowa May 5, 2021), 2021 WL 805529 (S.D. Iowa Mar. 3, 2021) (Achieved complete dismissal of ERISA claims against Plan’s subrogation agent and dismissal of breach of fiduciary duty and ERISA contribution claims against the Plan’s third party administrator.)

Weyant v. Phia Grp. LLC823 F. App’x 51 (2d Cir. 2020) (Appeal over whether a Plan participant in a NY state health Plan must exhaust administrative remedies before suing agents of plan over alleged subrogation requirement.)

Sols. Shared Servs. v. Jimenez, 452 F. Supp. 3d 541 (W.D. Tex. 2020) (Won a dismissal of RICO claims against health Plan’s subrogation agent due to lack of concrete RICO injury.)

Reg’l Med. Ctr. of San Jose v. WH Administrators, Inc., 795 F. App’x 524 (9th Cir. 2020) (ERISA appeal on behalf of subrogation agent and other Plan representatives regarding whether Plan’s anti-assignment clause barred hospital’s action.)

Mem’l Hermann Health Sys. v. Pennwell Corp. Med. & Vision Plan, 2017 WL 6561165 (S.D. Tex. Dec. 22, 2017) (Achieved dismissal of medical provider’s derivative ERISA claims based on applicable anti-assignment provision in the ERISA benefit plan.)

Henrikson v. Choice Prod. USA, LLC, 2017 WL 449591 (D. Minn. Feb. 2, 2017) (Achieved dismissal of Plaintiff’s claims under the Affordable Care Act that a self-funded plan must cover Essential Health Benefits.)

Amy’s Kitchen, Inc. v. Campbell, 2017 WL 264062 (N.D. Cal. Jan. 20, 2017) (Decision on Motion to Dismiss counterclaim under ERISA 502(c) seeking statutory penalties against plan administrator for allegedly failing to provide certain documents.)

Providence Health & Servs.-Oregon v. Boulder Admin. Servs. Inc., 2016 WL 8222213 (W.D. Wash. Oct. 11, 2016) (Successful motion to enforce arbitration provision involving alleged underpayment claim. Subsequently resulted in an Arbitration trial in Portland, Oregon).

Kunz v. Liebovich Bros.,2016 WL 3093045 (N. D. Ill. May 31, 2016) (Achieved dismissal of ERISA 502(a)(1)(B) claim against claims administrator under FRCP 12(b)(6) based upon the rationale found in Larson v. United Healthcare Ins. Co.)

Brookwood Med. Ctr. v. Life Time Fitness, Inc., 2015 WL 10677459 (N.D. Ala. Jan. 16, 2015) (Representing ERISA Plan and third-party administrator against seven figure claim for medical expenses. Opinion granting F.R.C.P. 12(b)(6) motion to dismiss.)