ERISA Lawyers

ERISA lawyers handle a wide range of complex matters related 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 involve issues such as the denial of benefits as well as breaches of fiduciary obligations. Loftus & Eisenberg, Ltd is adept at representing both sides of ERISA litigation, and also defends ERISA beneficiaries from allegations of bad investment advice and breach of fiduciary duty.

Defending ERISA Claims

Our team has experience in the defense of employee benefits plans and their fiduciaries against lawsuits alleging ERISA violation. We can offer guidance on fiduciary obligations and liability including 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 claims relating to ERISA in the courts and appellate courts and in arbitration. Most of the time, these cases include claims for breach of fiduciary duty such as the denial of life, health and disability benefits as well as retirement and breach of the implied covenant of fair dealing and good faith and violations of the statutes of limitations in each state.

We can assist employers as well as insurers and plan administrators to reduce risk by drafting enforceable Firestone language in their benefit plans. This will ensure that the court is more likely to grant deference to the decision of a fiduciary in the case of litigation. It also shields you from litigation involving class actions.

ERISA Class Actions

ERISA class actions are becoming more common than ever as the size of private health and pension plans has increased. The assets amount to nearly 10 trillion dollars, and are a target for lawyers representing plaintiffs.

Our team defends individuals and companies against a myriad of claims, including denial of benefits, obstruction in the execution of benefits and breach of fiduciary duty. Generally speaking, ERISA lawsuits include claims against the plan's sponsor or its administrators and fiduciaries. Directors and officers who perform in such roles may also be liable.

In 2025, a Florida district court ruled another victory for TECO Energy in an ERISA class action case. the judge denied plaintiffs' request for standing on the basis of their argument that an unrelated transaction (involving a pension risk transfer) resulted in them losing their statutory ERISA protections, such as 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 prior to filing a lawsuit.

ERISA Litigation

ERISA is complex and multifaceted. It is a law that governs billions of dollars in private pension funds and investments. Because of the size of these assets, ERISA class action lawsuits are increasingly common and can be costly.

Our ERISA litigation team represents plan sponsors, trustees, investment managers, third-party administrators and insurers in a wide range of disputes with the Employee Benefits Security Administration (EBSA), IRS, Department of Labor and Pension Benefit Guaranty Corporation (PBGC). We defend our clients from individual and class action lawsuits brought by disgruntled participants.

We provide our clients with a level playing field against faceless insurance companies who stand in the way of their financial security. We can negotiate a settlement, or in the event of a need, take your case to trial and appeal. In some cases we can offer contingency fees. In others, we will bill on an hourly basis or in the form of a flat fee. We represent clients across the United States. Our Chicago ERISA lawyers are available for consultation via phone or in-person.

ERISA Appeals

If you're unable to file an ERISA disability claim is denied because of a lack of medical evidence, obtaining additional evidence, such as a functional or vocational assessment can improve your chances of winning an appeal. In order to achieve a positive result it is crucial to respond to insurer arguments based upon ambiguous policy words and to make sure that ERISA claim processing regulations have been followed.

The services of an Chicago ERISA lawyer can be crucial during the appeals phase. Unlike federal courts where there is no cross-examination or jury trial, ERISA claims will be determined by a judge solely on the administrative records and legal submissions which were made during the denial process and appeal.

ERISA attorneys often assist clients with appeals of disputable ERISA benefits issues as well as breach of fiduciary duty allegations in retirement plans such as pensions and 401(k)s. Because ERISA is a federal law, it is crucial to choose an attorney with experience in the field, regardless of geographical location.