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ERISA & Employee Benefits Litigation

Experience Highlights

  • (11th Cir.); (M.D. Fla.); (Bankr. M.D. Fla.); (D.D.C.) – Defended District Court litigation brought by two United Mine Workers of America funds that sought to recover Coal Act liabilities by reopening decades old bankruptcy case to argue that all Coal Act liabilities had previously been discharged; on appeal to Eleventh Circuit, obtained favorable ruling that all Coal Act liabilities had been discharged in prior bankruptcy

  • (Bankr. D.S.C.); (N.D. Ga.) — Defended a supermarket chain, in bankruptcy court and federal district court, against a union multi-employer pension plan’s claim that our client owed $64 million as a result of the withdrawal of another business from the plan; this matter involved the interplay of ERISA law with bankruptcy law and complicated issues concerning multiple business transactions and the motivation for those transactions

  • (S.D. Tex.) — Represented a large airline in a declaratory judgment action under ERISA challenging the asserted rights of a group of employees to effect withdrawal of their defined retirement benefit accounts from the plan by their spouses based on their obtaining sham divorces

  • (5th Cir.) — Obtained summary judgment and Fifth Circuit affirmation of summary judgment on behalf of an international oil company in consolidated ERISA benefits litigation brought by former executive employees

  • Obtained dismissal and Fifth Circuit affirmation in a putative class action on behalf of an airline and its retirement plan in a matter involving the interplay of ERISA and the Railway Labor Act

  • (5th Cir.) — Represented an international oil field service company in connection with an $85 million claim for pension benefits by the Internal Revenue Service on behalf of terminated employees