ERISA Litigation

George has represented multiemployer trust funds, employers, and beneficiaries in disputes involving the Employer Income Security Act of 1974 (ERISA) for more than 30 years. He began his ERISA litigation with Southern Pacific when ERISA was only a few years old. At Hession & Creedon he represented several multi-employer ERISA funds, trying many disputes over employee benefits and employer contributions, including employer withdrawal liability. At Carr McClellan, George represented employers in actions by trust funds and employees to obtain their pension and welfare benefits, including cases involving pension, severance, life insurance, and disability benefits. George continues to represent employers and employees in ERISA matters. A few examples of results George has obtained for clients are:

Successfully defended employer from Teamsters Pension Fund claim of more than $1 million. The client paid nothing to the Teamsters.

Successfully prosecuted a breach of fiduciary duty against trustee of a pension fund that failed to diversify the fund’s investments. The client received 100% of the appreciation that he should have received had the funds been diversified.

Successfully prosecuted a disability claim for client that had heart attack. Insurance company denied the claim because the client was taking aspirin as a preventative measure. After a long battle, the insurer paid the benefits and client’s attorneys’ fees.