The firm has concentrated in recent years on opposing the corporate trend toward reducing or eliminating employee benefits. We have become a leader in the field of ERISA litigation by bringing class and multi-plaintiff cases on behalf of employees whose companies have sought to illegally shed benefits costs.
In Millsap v. McDonnell Douglas, 162 F.Supp.2d 1262 (N.D.OK 2001) (entering judgment for plaintiffs), a class of 1,100 former management and union employees sued McDonnell Douglas for ERISA violations when it closed its Tulsa, OK plant. Our firm prevailed at trial and recovered $36 million in lost pension and medical benefits for the class. The court stated that "at trial, class counsel demonstrated a high degree of skill" and noted that "Mr. Mulder and his firm have extensive experience in representing plaintiffs in class-action litigation, and have achieved excellent results in other class action lawsuits. In fact, in the final analysis, the Court is persuaded that without the hard work, dedication and superior legal skills demonstrated by Class Counsel over the course of this case, there may well have been no recovery for the plaintiffs whatsoever." Millsap v. McDonnell Douglas, 2003 WL 21277124, *11-12, No. 94-CV-633-H(M) (N.D.Okla). May 28, 2003) (approving settlement).
In In re Sears Retiree Group Life Insurance Litigation, 2002 WL 475180, No. 94 C 7453 (March 27, 2002, N.D.Ill.), the firm achieved a massive class settlement with Sears over its decision to eliminate its retirees' life insurance coverage. The settlement provided $29 million to restore benefits and preserved an additional $200 million in benefits for the class, which numbered over 80,000 Sears retirees, including many members of Sears' former executive team. The District Court noted at the conclusion of the case that it was "settled after over four years of very active litigation by highly competent attorneys, resulting in a complex arrangement reached after lengthy negotiations." Id. at *1.
We are currently litigating a variety of cases that seek to recover lost employee benefits. In Nauman v. Abbott Laboratories, No. 04-C-7199 (N.D.Ill.), we are pursuing lost pension and health care benefits for hundreds of employees who were spun off to a new company, Hospira, Inc. That case has been certified as a class action and is moving toward trial. In Winnett v. Caterpillar, Inc., No. 3:06-0235 (M.D.Tenn.), we are fighting for health care benefits that were promised to retirees. That case is also certified as a class action, and we are currently seeking an injunction to prevent Caterpillar from continuing to illegally charge retirees for health care costs. And in Rogers v. Baxter, No. 04 C 6476 (N.D.Ill.), we are pursuing losses incurred by thousands of 401(k) plan participants due to breaches of fiduciary duty by the company and the plan fiduciaries.
The firm welcomes opportunities to build co-counsel relationships with other attorneys who seek a partner in ERISA cases. Please contact us to discuss potential employee benefits class actions. We also welcome inquiries from employees who believe they have been denied employee benefits to which they are entitled.
