In enacting ERISA, Congress sought to set fiduciary standards for trustees and plan administrators charged with protecting and investing employee welfare and pension benefit plans. Courts have described these fiduciary duties under ERISA as “the highest known to the law.” Essex Richards is experienced in handling breach of fiduciary duty and prohibited transaction claims under ERISA, including bringing ERISA class actions on behalf of participants, beneficiaries, and plan trustees.

We have been lead counsel in the following recent ERISA class actions:

• West v. Continental Automotive, Inc. (W.D.N.C 2018) (represented Class of former Continental employees in asserting that Continental wrongfully excluded participants’ service time in determining their overall benefit eligibility level).
• Edwards v. Phoebe Putney Health System, Inc. (M.D. Ga. 2016) (represented Class of thousands of current and former Phoebe Putney employees in asserting that Phoebe Putney breached its fiduciary duties to the participants and beneficiaries of the plan and entered into prohibited transactions in establishing its network provider relationships and charging reimbursements).
• Cecil v. Hinshaw (M.D.N.C. 2015) (represented current trustees on behalf of the Class of participants and beneficiaries of the Kingsdown Employee Stock Ownership Plan (“ESOP”) in asserting that the former trustees of the ESOP breached their fiduciary duties of loyalty and prudence to the participants and beneficiaries of the ESOP).

When such fiduciary breaches do take place, strict deadlines and procedural rules govern your ability to challenge the actions taken, or in some cases not taken, by plan fiduciaries. We have significant experience successfully handling claims and appeals, as well as litigating when necessary in all state and federal trial and appellate courts, against plans of all types and sizes.

While we are physically located in Charlotte, we regularly represent individuals throughout the entire state of North Carolina. For additional information or to determine if you need assistance with a claim, please complete the form below or give us a call at (704) 377-4300.