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RESOLVED CASES 

 

The following are representative cases for which Dr. Johnson has been a testifying or consulting expert.  A full list of engagements is available upon request.

 

Pension, 401(k) and Fiduciary Liability Cases

 

Engers et al. v. AT&T et al., United States District Court for the District of New Jersey, Newark Division; cash balance conversion, class action.

 

Henselmeier et al. v. Indiana Lumbermens Mutual Insurance Company, United States District Court for the Southern District of Indiana, Indianapolis Division; claim for pension benefits; anti-cutback rules.

In Re Fremont General Corporation ERISA Litigation, United States District Court for the Central District of California; class action, company stock drop, 401(k) and ESOP.

 

Watson et al. v. Consolidated Edison et al., United States District Court for the Southern District of New York; class action litigation over early retirement program and communication of pension options.

 

Cooke v. Karlseng Arbitration, JAMS Reference 1310016622; dispute regarding the design of an age-weighted, cross tested retirement plan.

 

Bell et al. v. Edward Jones & Company, L.P. FINRA Arbitration; fiduciary claims against investment manager and firm.

 

Elliott et al. v. Mulloy et al. (Cushenberry Mine Trustees), United States District Court for the Central District of California, Eastern Division; dispute over residual trust assets.

 

In re: Broadwing, Inc. ERISA Litigation, United States District Court for the Southern District of Ohio, Western Division (Cincinnati); class action regarding 401(k) plan.

 

Miller et al. v. Wachovia, Circuit Court of Jackson County Missouri at Kansas City; litigation over plan valuation and performance, multi-employer plan.

 

Woolard v. Woolard, 48th Judicial District Court of Tarrant County, TX; post divorce dispute over qualified and nonqualified pension plans.

 

Health and Welfare Cases

 

National Heritage Academies, Inc v. Blue Cross and Blue Shield of Michigan,  United States District Court for the Western District of Michigan, Southern Division, dispute regarding over charges and hidden costs in PPO health plan.  

 

Huskin et. al. v. Union Central National Group, Inc and Verity National Group ,Inc , United States District Court for the Northern District of Texas, Dallas Division, dispute over AD&D and life insurance benefits provided through a workers compensation, non-subscribed plan.

 

Hill v. Dyncorp, et al., United States District Court for the Northern District of Texas, Dallas Division; post employment, executive compensation dispute.

 

In The Matter of the Marriage of Linda Nanette Kondraske and George Vincent Kondraske, 360th Judicial District, Tarrant County, Texas; dispute over contingent incentive compensation payments.

 

Keefer v. Christus Health, et al., United States District Court for the Eastern District of Texas, Texarkana Division; claim for medical and income replacement benefits under occupational injury assistance plan.

 

Lehman v. Chevron Texaco, Inc., United States District Court for the Eastern District of Texas Marshall Division; severance plan litigation.

 

Whisenhunt v. Decisionone Corporation, AETNA Life Insurance, Communicare HMO, Inc and Mercer, Inc., United States District Court for the District of Oklahoma; COBRA litigation.

 

Disputes between Plan Sponsors, Third Party Administrators (TPA) and Providers

 

Transamerica Corporation v. Prudential Insurance Company of America, United States District Court for the Northern District of Iowa, Cedar Rapids Division; suit by plan administrator against third party administrator of LTD plan.

 

Kapok Management L.P. et al. v. Associated Insurance Services, Inc.; United States District Court, Northern District of Texas, Amarillo Division; TPA dispute.

 

Wright v. Hamrick Insurance Services, Inc., State District Court for McDowell County, West Virginia; dispute over third party administrative services.

 

 

 

Contact ERISA Expert Dr. Mark Johnson

 

You can reach Dr. Johnson via email or by phone at 817-909-0778. He is available to confidentially discuss a benefits matter.

 

Click on the link to read about his representative ERISA cases.

 


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Cases


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Publications


"Pennsylvania Pension Reform Bill Passes"

 

"DOL Seeks Comment on Presidentís Proposal to Postpone Fiduciary Rule"

 

"Target Date Funds Growing as Share of Pension Investments"

 

"Disability Claim Benefit Rules Updated by Department of Labor"

 

"Trends in ERISA Fiduciary Litigation"

 

 

Industry News


IRS Announces 2016 Plan Limitations

PBGC Posts 2016 Single and Multiemployer Premium Rates

Social Security Trustees Release 2015 Report

Medicare Trustees Release 2015 Report

PBGC says multiemployer guarantee will cover smaller share of benefits in future plan failures.

 

 

 

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