ERISA Litigation
Experienced Advocacy in ERISA Claims and Disputes
For more than two decades, Bassford Remele has handled significant litigation related to the Employee Retirement Income Security Act (ERISA). We have extensive experience with a wide variety of ERISA matters, from claims alleging breach of fiduciary duty, to class-action lawsuits against company owners and directors related to employee stock ownership plan (ESOP) transactions, to representing clients before the United States Department of Labor.
ERISA law is patterned after the common law of trusts, and our extensive background handling trust and estates litigation gives us unique insight into handling ERISA claims. Our experience with several especially large and complex ERISA cases gives us the know-how to represent our clients effectively and efficiently.
Representative Cases
- Representation of directors and executives of a manufacturing company in a United States Department of Labor claim arising out of the sale of company stock to an ESOP.
- Representation of the former chairman, chief executive officer, and selling-shareholder in a class-action ESOP litigation, winning summary judgment from the district court for the firm’s client on the eve of trial. (Following separate trials on liability and damages, the plaintiff class was awarded more than $15 million in relief. Judgment in favor of the firm’s client was unchallenged on appeal.) Chesemore v. All. Holdings, Inc., 276 F.R.D. 506 (W.D. Wis. 2011); 886 F. Supp. 2d 1007 (W.D. Wis. 2012); aff’d sub nom. Chesemore v. Fenkell, 829 F.3d 803 (7th Cir. 2016).
- Representation of manufacturer, obtaining summary judgment in a claim for declaratory relief and alleged breach of fiduciary duty under ERISA.
- Defense of global industrial manufacturer, obtaining defense verdict in a claim alleging benefits owed under a Supplemental Employee Retirement Plan (SERP).
- Representation of educational technology company, obtaining summary judgment in a claim for alleged violations of ERISA by the co-trustees of the company’s 401(k) plan, as well as a claimed delay in the payment of plan contributions.
