Ian H.Morrison

Class and mass action matters:

• Lead defense counsel for global equipment manufacturer on proposed class action claim concerning fees paid by 401(k) plan for automated investment management services. Filed motion to dismiss, resulting in Plaintiff dismissing the complaint without filing a response brief. (N.D. Ill.)
• For major national health insurer, lead counsel in class action suit alleging that the company’s 401(k) Plan was imprudently managed and charged excessive investment and recordkeeping fees and improperly offered a money market fund as a capital preservation option. (S.D. Ind.)
• Lead defense counsel representing global energy company on putative ERISA class action claims relating to the conversion of its traditional final average pay plan to a cash balance claim several decades ago. Obtained dismissal of the initial complaint based upon lack of standing. (S.D. Tex.)
• Lead defense counsel for property and casualty insurer in class action alleging novel breach of fiduciary duty and prohibited transaction claims related to the termination of a guaranteed annuity contract contained within one of the plan’s investment options. (N.D. Ill.)
• Lead defense counsel on behalf of multinational forest products company on ERISA claims relating to the modification of allegedly vested retiree medical benefits for certain formerly union-represented retirees. (E.D. Tenn.)
• Lead defense counsel for global energy company in putative class action alleging improper forfeiture of accrued pension benefits; case resolved after filing of motion to dismiss. (D. Ariz.)
• Lead trial attorney for national multi-employer fund on claims that the fund trustees breached their fiduciary duty in failing to transfer a portion of its reserves to an employer that departed the fund. (S.D. W.Va.)
• As lead defense counsel, obtained summary judgment for global energy company in putative class action challenging conversion of traditional defined benefit plan to cash balance plan. Settled with class representative only on appeal. (E.D. Ky.)
• Lead defense counsel for global manufacturing company regarding class action ERISA breach of fiduciary and benefits claims related to the allegedly incorrect FICA tax treatment of payments under non-qualified retirement plan. Obtained dismissal of certain claims and resolved the remaining claims on a class basis. (E.D. Mich.)
• As lead defense counsel, obtained judgment as a matter of law for telecommunications equipment manufacturer in class action regarding eligibility for enhanced pension and retirement benefits. (W.D. Okla.)
• After remand from federal court based upon lack of federal question jurisdiction, obtained dismissal of 400+-plaintiff action in Oklahoma state court based upon ERISA preemption. (Oklahoma State Court)
• Represented national insurance company in class action lawsuit brought by sales agent alleging that agents were entitled to coverage under employee benefit plans. (S.D. Ind.)
• Represented independent fiduciary in breach of fiduciary duty claims brought by ESOP plan participants after plan sponsor filed for bankruptcy; summary judgment obtained as to certain claims; remaining claims favorably resolved at trial. (E.D. Okla.)
• In class action dispute regarding the application of pre-retirement mortality discounts in computing present value for purposes of payment of lump sum benefits under cash balance plan obtained appellate reversal of adverse district court decision. (W.D. Mich.)
• Representation of major paper manufacturer in putative class action seeking to revive claims alleged in prior litigation. (N.D. Ill.)
• Represented utility company in class action alleging ERISA violations in connection with operation of cash balance plan that used a variable interest-crediting rate. (E.D. Wis.)
• Lead defense counsel for global food company in two class actions alleging that the company’s 401(k) plan offered imprudent investment options and charged excessive fees for administrative and investment management services; after summary judgment in one case (partially reversed on appeal), denial of class certification, and successful positioning for trial, obtained lowest settlement to date in a case of this type. (N.D. Ill.)
• As lead defense counsel, defeated class certification and then resolved on an individual basis class action “stock drop” claims against global communications equipment and services company. (N.D. Ill.)
• As lead defense counsel in class action alleging ERISA fiduciary breach and violation of accrued benefit rules with respect to use of estimated Social Security benefits, obtained voluntarily dismissal with prejudice by plaintiffs after we filed an early motion for summary judgment. (N.D. Ill.)
• Lead defense counsel for steel manufacturer as to putative class action alleging improper calculation of long-term disability benefits; obtained summary judgment from the district court and represented the defendants on appeal, leading to a settlement of all claims before any class was certified. (N.D. Ohio)
• Obtained summary judgment in putative class action against global consulting company alleging violation of ERISA Section 204(h) notice requirements in connection with freezing pension accruals for certain groups of participants. Prevailed on appeal. (N.D. Ill.)
• Obtained complete summary judgment for the communications equipment and services company (affirmed on appeal) in class action ERISA breach of fiduciary duty case related to investment in employer stock. (N.D. Ill.)
• Representation in putative class action and subsequent multi-plaintiff actions under ERISA, the ADEA, and state law claims challenging reduction in force; class certification defeated and summary judgment for the defense obtained. (N.D. Ga.)
• Represented global retailer in putative nationwide class action alleging ERISA reporting and disclosure violations, alleged prohibited transactions, and alleged fiduciary breaches. (N.D. Ark.)
• Represented equipment manufacturer in suit alleging breaches of fiduciary duty in connection with 401(k) plan fees and investment options, including claims challenging the inclusion of proprietary investment options in the plan. (C.D. Ill.)
• Represented communications company in ERISA Section 510/anti-cutback claim regarding early retirement program and corporate sale; defeated class certification; partial summary judgment obtained as to 375 individual plaintiffs; successful representation at trial as to the remaining plaintiffs. (M.D. Fla.)
• Represented hospital in putative class action seeking to recover interest on delayed benefit payments; obtained dismissal of all ERISA claims. (N.D. Ill.)

Individual benefit lawsuits:

• Since 2012, served as national counsel for major insurer as to group insurance litigation and in this role have handled the defense of over 1000 individual disability and life insurance claims.
• Obtained dismissal after bench trial of ERISA breach of fiduciary duty claim brought by widow of former manufacturing company employee who alleged claims based upon supposed failure to provide notice of the right to convert group life insurance to individual policy when the employee (who was terminally ill at the time) retired.
• Successfully represented insurer through district court and at the Fifth Circuit on claim that the insurer improperly denied long-term disability benefits to an individual with multiple sclerosis.
• Successfully represented insurer in the district court and at the Fifth Circuit on claims that the insurer improperly denied life insurance benefits after the death of a covered dependent who was on active duty with the military at the time of his death.
• Obtained dismissal of long-term disability claim based upon a contractual limitations provision and defended the win on appeal to the Fourth Circuit.
• Obtained summary judgment for insurance carrier on claim that long-term disability benefits were denied in bad faith and succeeded in seeking leave to file a counterclaim to recoup disability benefits that had been paid to the plaintiff in error.
• Defeated motion for leave to amend complaint to reinstate bad faith denial of benefit claim after benefits were reinstated during administrative review, effectively ending bad faith litigation in Arkansas.
• Obtained appellate reversal of adverse decision and subsequently obtained summary judgment in denial of disability benefits case.
• Obtained appellate reversal of summary judgment decision in claim for long-term disability benefit.
• Obtained summary judgment for enterprise software company on commission, severance pay, and wage payment act claims brought by former sales representative.
• Obtained dismissal of ERISA breach of fiduciary duty claims related to denial of benefits from federal court in Alabama.
• Obtained summary judgment for employer on severance pay claim brought by former insurance company executive.
• Obtained reversal of adverse judgment entered after bench trial of claim for denial of severance pay/estoppel/breach of fiduciary duty claims against enterprise software company.
• Representing healthcare products company, obtained summary judgment on severance pay claims, including claim under purported European severance pay plan.
• For global real estate management company, complaint seeking severance pay dismissed for based upon ERISA preemption and failure to exhaust administrative remedies.
• Represented enterprise software company in five arbitration cases brought by former executives of an acquired company seeking “golden parachute” severance payments.
• Represented chemical manufacturer in three separate arbitrations concerning the discharge of employees who were alleged to have been accessing and distributing inappropriate material during working hours in safety-sensitive positions.