The need

Attorneys representing the plaintiffs in their class action against a U.S. energy company needed an expert who could opine on third party administration of the Employee Retirement Income Security act of 1974 (ERISA). The suit alleged that the defendants breached their fiduciary duties and discriminated against employees by terminating critical health benefits for a class of coal miners. As such, the ideal expert would need to be able to opine on medical and prescription drug benefit coverage for retirees, employees and spouses as well as understand the laws regarding the promises of lifetime medical, prescription drug, and life insurance benefits.

Our approach

From our conversations with the clients, we understood that the expert need was urgent as the case was moving forward quickly. We went to work to find the best expert to fit their needs.

The expert

We found an ERISA expert with a JD from a top US law school who was a tenured law professor with over 20 years of experience with ERISA and employee benefits law. Prior to becoming a professor, he worked at two prominent law firms advising clients on their legal rights under ERISA. Well-respected in his field, he taught courses on ERISA and employee benefits law, served on the Federal ERISA Advisory Board and was a Fellow of the American College of Employee benefits Council. Additionally, he had authored books on Employee Benefits Law and authored over 20 papers and briefs on the subject. Finally, he had been deposed several times as an expert witness and was scheduled to testify at an ERISA arbitration. The final judgement in the case found the defendant had violated ERISA’s code of conduct for benefit plan caretakers.