ERISA Lawyers

ERISA lawyers are proficient in a wide range complex issues relating to pension funds and plans. Our lawyers handle such cases throughout the United States under the Employee Retirement Income Security Act (ERISA) and state trust law.

ERISA cases can involve issues such as denial of benefits or breach of fiduciary obligations. Loftus & Eisenberg, Ltd has extensive experience representing both sides in ERISA litigation, including defending ERISA beneficiaries from allegations of poor investment advice and breach of fiduciary duty.

Defending ERISA Claims

The law is complex and complicated, but our team is experienced in defending employee benefit plans and their fiduciaries from lawsuits claiming ERISA violations. We can provide guidance on fiduciary responsibilities as well as liability for the allocation of expenses, investment decisions, and potential conflicts of conflicts of interest. We can assist clients in responding to IRS audits or Department of Labor investigations.

We have extensive experience defending claims related to ERISA in court, on appellate courts, and in arbitration. Most of the time the cases are based on claims of breach of fiduciary duty like the denial of life, health and disability benefits as well as retirement; breach of the implied covenant of good faith and fair dealing; and violations of state statutes of limitation.

We can help employers as well as insurers and plan administrators minimize risk by creating legally binding Firestone language into their benefit plans. This makes it more likely that courts will be able to defer to a fiduciary in the event of litigation. It also helps protect against lawsuits involving class actions.

ERISA class actions

ERISA class actions are more frequent than ever because the amount of private pension and health plans has grown. Together they account for more than $10 trillion, making them an attractive target for plaintiffs' attorneys.

Our team defends both companies and individuals facing a wide range of claims including breach of fiduciary duty, denial of benefits and hindering benefit execution. ERISA lawsuits are typically filed against the sponsor of the plan as well as its administrators and fiduciaries. Directors and officers serving in these roles are subject to liability too.

In 2025 the Florida district court issued another victory to TECO Energy in an ERISA class action case. the judge denied plaintiffs' motion to be granted standing based on their argument that the recent transaction (involving a pension risk transfer) resulted in them losing their legal ERISA protections, such as the backing of the Pension Benefit Guaranty Corporation. The decision also reiterated the Eleventh Circuit's requirement that ERISA plan participants exhaust their administrative appeals process prior to filing a lawsuit.

ERISA Litigation

ERISA is complex and multifaceted. It regulates private pension funds as well as investments of billions of dollars. Because of the size of these assets, ERISA class action lawsuits are becoming more frequent and can be expensive.

Our ERISA litigation team represents trustees, plan sponsors and investment managers in disputes with the Employee Benefits Security Administration (EBSA), IRS and Department of Labor. We defend clients from lawsuits of both types filed by disgruntled participants.

We level the playing field for our clients against insurance companies that are not real and are a barrier between them and their financial security. We can negotiate a settlement, or, when necessary, take your case to trial and appeal. In some instances we can provide the option of a contingency fee. In other cases we may bill hourly or at a fixed cost. We represent clients across the United States. Our Chicago ERISA lawyers are available to consult by phone and in-person.

ERISA Appeals

If an ERISA disability claim is rejected due to the absence of medical evidence, getting additional evidence, like functional or vocational capacity assessment can improve your chances of winning at appeal. Addressing insurer arguments that are based on unclear policy language and ensuring that the procedure is in compliance with ERISA's claim processing regulations are also crucial to the success of your appeal.

A Chicago ERISA attorney can be vital during the appeals process. In contrast to federal courts where there is no jury trial or cross-examination, ERISA claims will be determined by a judge based solely on administrative records and legal submissions that were made during the denial procedure and appeal.

ERISA attorneys assist clients with appeals involving disputes over ERISA benefits and allegations of breach of fiduciary duty in retirement plans, such as pensions and 401ks.