ERISA Lawyers

ERISA lawyers handle a wide range of complicated issues relating to pension plans and funds. Our lawyers litigate these claims across the United States under the Employee Retirement Income Security Act (ERISA) and state trust law.

ERISA cases can be involving issues like the denial of benefits as well as breaches of fiduciary duty. Loftus & Eisenberg, Ltd is adept at representing both sides of ERISA litigation including defending ERISA plan beneficiaries against allegations of bad investment advice and breach of fiduciary duty.

Defending ERISA Claims

Our team has experience in protecting employee benefits plans and their fiduciaries from lawsuits alleging ERISA violation. We can provide guidance on fiduciary obligations and liability for investment decisions, expense allocations and possible conflicts of interests. We can assist clients in responding to IRS audits or Department of Labor investigations.

We have a wealth of experience in defending ERISA-related claims in court, on appellate courts, and in arbitration. Most often, these cases are based on claims of breach of fiduciary duty, such as the denial of health, life or disability benefits, as well as retirement benefits as well as breach of the implied covenant of fair dealing and good faith and violation of state statutes of limitation.

We can assist insurance companies and employers minimize risk by drafting enforceable Firestone-style language into their benefit plans. This makes it more likely that courts will defer to an individual fiduciary in the event of litigation. It also shields you from litigation involving class actions.

ERISA class actions

ERISA class actions have become more common than ever as the value of private health and pension plans has increased. Together the assets total nearly $10 trillion, making them a desirable target for plaintiffs' attorneys.

Our team defends companies and individuals facing a wide range of claims ranging from breach of fiduciary obligation as well as denial of benefits and hindrance with benefit execution. Generally, ERISA lawsuits are based on claims against the plan sponsor or its fiduciaries and administrators. Directors and officers who perform in these roles could also be liable.

In 2025 the Florida district court handed down another victory to TECO Energy in an ERISA class action lawsuit when the judge denied plaintiffs' request to be granted standing based on their argument that an unrelated transaction (involving a pension risk transfer) led to them losing their statutory ERISA protections, like the backing of the Pension Benefit Guaranty Corporation. The ruling also reiterated Eleventh Circuit's requirement that ERISA plan participants go through their administrative appeals process before filing a lawsuit.

ERISA Litigation

ERISA is complex, with many aspects. It regulates private pension funds and the investment of billions of dollars. ERISA class actions are becoming more frequent and costly due to the magnitude of these assets.

Our ERISA litigation group represents trustees, plan sponsors and investment managers in disputes with the Employee Benefits Security Administration (EBSA), IRS and Department of Labor. We defend our clients from individual and class action lawsuits brought by unhappy participants.

We provide our clients with an equal playing field against faceless insurance companies that hinder the attainment of their financial security. We can negotiate settlements or, if necessary we can bring your case to court and on appeal. In some cases we can provide an arrangement for a contingency fee. In other cases, we'll bill on an hourly basis or in the form of a flat fee. We represent clients throughout the United States. Our Chicago ERISA lawyers are available for consultation via phone or in person.

ERISA Appeals

When an ERISA disability insurance claim denial is based on a lack of medical evidence, obtaining new proof such as a functional capacity evaluation or vocational assessment can significantly improve the chances of winning appeal. To achieve a positive outcome it is crucial to address insurance claims based on unclear policy wording and ensure that ERISA claim processing regulations have been adhered to.

The assistance of an Chicago ERISA lawyer is crucial in the appeals stage. In contrast to federal court, which doesn't offer jury trials or cross-examination of witnesses ERISA claims are usually decided by a judge only on the administrative record and legal documents made during the denial or appeal process.

ERISA attorneys often assist clients with appeals of disputable ERISA benefits issues as well as breaches of fiduciary duty claims in retirement plans like pensions and 401(k)s. Because ERISA is a federal law, it is essential to choose an attorney with experience in the area irrespective of geographic location.