Lawyers / Professionals

James P. McElligott Jr.

Representative Cases

Courts of Appeal

Carter v. Pension Plan of A. Finkl, ___ F.3d ____, 2011 U.S. App. LEXIS 16824 (7th Cir. Aug. 15, 2011). Summary judgment for plan and plan fiduciaries affirmed on appeal regarding anti-cutback and benefit claims by pension plan participants for immediate benefits based on alleged termination of pension plan; In re Citigroup Pension Plan ERISA Litig., 2009 WL 3335910 (2d Cir. Oct. 19, 2009) (Amicus Brief filed on behalf of American Benefits Council in support of CitiGroup’s successful appeal of cash balance plan issues, involving application of ERISA §204(b) anti-backloading rules and ERISA §204(h) notice; in reversing the district court and ruling in favor of CitiGroup, Court of Appeals cited our brief favorably.); E.I. DuPont de Nemours & Co. v. Ampthill Rayon Workers, Inc., 290 Fed. Appx. 607 (4th Cir. 2008), cert. denied 2009 U.S. LEXIS 953 (2009). Litigation as to whether union grievance over amendments to employee benefits plans was subject to arbitration clause in collective bargaining agreement; Bullock v. Rehrig Int'l, 211 Fed. Appx. 198 (4th Cir. 2006), cert. denied 127 S.Ct. 2275 (2007). Affirming summary judgment for employer on Title VII claims of discriminatory discharge and sexual harassment; Piner et al. v. E.I. du Pont de Nemours & Co., No. 00-1082, 2000 U.S. App. LEXIS 29016 (4th Cir. 2000), aff'g No. 7:99-cv-48-F(1) (E.D.N.C. 1999). Summary judgment affirmed for employer on class action claims under ERISA for early retirement incentive benefits, breach of fiduciary duty, and claims for statutory penalties for failing to produce plan documents. Shores et al. v. Lucent Technologies, Inc., No. 99-1155, 2000 U.S. App. LEXIS 455 (4th Cir. 2000), aff'g No. 3:98cv300 (E.D.Va. 1999). Summary judgment affirmed for employer against 56 plaintiffs seeking benefits, statutory penalties, and damages for alleged § 510 discrimination. Mouly v. E.I. du Pont de Nemours & Co., No. 98-2788 (4th Cir. 1999) aff'g No. 98-0020-H (W.D.Va. 1998). Affirming motion to dismiss granted for employer on claim for alleged violations of the "rollover" plan distribution notice rules under 29 U.S.C. § 402(d). Sawyer v. Ball Corporation, 151 F.3d 1030 (4th Cir. 1998) (claim of retaliatory discharge under FMLA - summary judgment for employer affirmed). Gabrielson v. Arlington County, 1998 U.S. App. LEXIS 8078, (4th Cir. April 26, 1998) Reversing the District Court and holding that police sergeants were paid "on a salary basis" for purposes of the overtime provisions of the Fair Labor Standards Act. Clark v. E.I. du Pont de Nemours & Co., 105 F.3d 646 (Table, Text in Westlaw), 1997 WL 6958 (4th Cir. 1997), cert. denied, 520 U.S. 1259 (1997), aff'g No. 94-0051-D (W.D.Va. 1995). Summary judgment for employer on various ERISA claims alleging misclassification of an employee as an independent contractor. Affirmance by the Fourth Circuit was noted in the Wall Street Journal because of factual similarities to Vizcaino v. Microsoft Corp., 97 F.3d 1187 (9th Cir. 1996), reh'g en banc, 120 F.3d 1006 (1997), cert. denied, 522 U.S. 1098 (1998). Ambrose v. Blue Cross & Blue Shield of Virginia, Inc., 95 F.3d 41 (Table, Text in Westlaw), 1996 WL 482689 (4th Cir. 1996), aff'g 891 F. Supp. 1153 (E.D.Va. 1995). Dismissal of participants' ERISA and RICO class action claims regarding third party administrator's disposition of medical provider discounts. Baker v. BASF Corp., 83 F.3d 414 (Table, Text in Westlaw), 1996 WL 192076 (4th Cir. 1996), aff'g Nos. 4:94cv00040-49 (consolidated) (E.D.Va. 1995). Summary judgment for employer on ERISA severance, fiduciary, and statutory penalty claims by 10 employees in connection with sale and eventual shutdown of the company's Williamsburg, Virginia plant. Griffiths v. Siemens Automotive, L.P., 76 F.3d 372 (Table, Text in Westlaw), 1996 WL 36894 (4th Cir. 1996). Affirming judgment for employer in bench trial regarding benefit and fiduciary claims. Madonia v. Blue Cross & Blue Shield of Virginia, 11 F.3d 444 (4th Cir. 1993), cert. denied, 511 U.S. 1019 (1994), aff'g No. 92-0021-D (W.D.Va. 1992). Successful defense against motion to remand ABMT claim for experimental cancer treatment by small business owner claiming exemption from ERISA coverage. Ish v. Arlington County, 36 F.3d 1092 (4th Cir. 1994) Affirming summary judgment for employer on race discrimination claims. Blue Cross and Blue Shield of Virginia v. St. Mary’s Hosp. of Richmond, Inc., 245 Va. 24, 426 S.E.2d 117, 61 USLW 2443, 16 Employee Benefits Cases 1347 (1993). Successful defense of PPO Plan under Virginia PPO statute. Tremlett v. Bassett Mirror Co., Inc., 956 F.2d 1163 (4th Cir. 1992) Judgment entered for employer on contract claims.

Trial courts

In re: BP ERISA Litigation, Case Nos. 4:10-md-2185 and 4:10-cv-4214 (S.D. Tex. May 27, 2011) (representation of corporate officer and investment committee member in pending stock drop case); Tyco Int'l, Ltd. v. Kozlowski, 2011 U.S. Dist. LEXIS 55797 (S.D.N.Y. May 24, 2011) (Court denied former CEO’s motion for certification for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) and for entry of partial final judgment on his ERISA counterclaims pursuant to FRCP 54 (b)); Baxter v. Sun Life Assur. Co., 713 F. Supp. 2d 766 (N.D. Ill., 2010) (expert witness testimony on characterization of settlement proceeds for tax purposes); Tyco Int'l, Ltd. v. Kozlowski, 756 F. Supp. 2d 553 (S.D.N.Y. 2010), affirmed on appeal (summary judgment for company ruling that former CEO must forfeit compensation earned during the period of executive’s disloyalty to the company and dismissing executive’s counterclaims against the company); Carter v. Pension Plan of A. Finkl, 1:08-cv-07169 (N.D. Ill. 2010) (summary judgment for plan and plan fiduciaries regarding anti-cutback and benefit claims by pension plan participants for immediate benefits based on alleged termination of pension plan); Pension Benefit Guaranty Corporation v. LaSalle Bank, N.A., Case: 1:08-00271 (D. D.C. 2009). (Reversing decision of PBGC that bank became member of borrower’s controlled group and was liable for unfunded pension liability); In re Tyco Int'l Ltd., Multidistrict Litig., Case No. 02-md-1335-PB, (D.N.H.). (Class action settlement of “stock drop” case alleging breach of ERISA fiduciary duty in including employer stock as option in participant-directed 401(k) plan); Hobson et al v. E.I. duPont de Nemours and Company, Inc. 3:09-cv-474 (E.D. Va. 2009)(granting motion to dismiss claims of breach of fiduciary duty and benefit claims based on alleged errors in computer calculation process); Carter v. Pension Plan of A. Finkl & Sons Co., 2009 U.S. Dist. LEXIS 117733 (N.D. Ill. 2009). (Litigation over pension claims, anti-cutback claims, and plan termination issues); Roberts v. Dominion Res., Inc., 2008 U.S. Dist. LEXIS 31183 (D. Conn. 2008) (Summary judgment for employer granted on ERISA benefits claim); Flickinger v. E.I. du Pont de Nemours & Co., 466 F. Supp. 2d 701 (E.D. Va. 2006) (Summary judgment for employer granted on ERISA Section 510 and other claims); Dalesandro v. Int'l Paper Co., 2005 U.S. Dist. LEXIS 44896 (S.D. Ohio 2005) (Class action settlement over ERISA severance claims); Hinkle v. ABB Process Analytics, Inc., CA 05:04-0662 (S.D. W.Va. February 24, 2005) (Class action pension claims dismissed for failure to exhaust administrative remedies); Silvernail v. Ameritech Corporation, CA 03-3291 (C.D. Ill. February 1, 2005) (Judgment for employer and retirement plan on plaintiff's claim for pension benefits based on claim that plan’s vesting rules did not comply with ERISA §203); Skiles v. E. I. DuPont de Nemours & Co., No. 1:03-CV-239, (E.D. Tenn. January 25, 2005) (judgment for employer and plan on ERISA claims for life insurance benefits, breach of fiduciary duty, and estoppel): Smith v. Logan, CA No. 3:04CV581 ___ F.Supp. 2d ____ (E.D. Va. November 5, 2004). Plaintiff’s motion to remand denied and defendant’s motion to dismiss with prejudice granted on grounds of complete preemption under ERISA and Section 301 of the Labor Management Relations Act with respect to plaintiff’s claims for tortious interference by supervisor with enhanced early retirement benefits. Graham v. Pactiv Corporation Benefits Committee, 301 F. Supp. 2d 483 (E.D. Va. 2004). Summary judgment in favor of retirement plan and fiduciary on participant’s claims for higher benefits, breach of fiduciary duty, estoppel, and failure to produce documents. Smith v. Logan, CA No. 3:04CV581 ___ F.Supp. 2d ____ (E.D. Va. November 5, 2004). Plaintiff’s motion to remand denied and defendant’s motion to dismiss with prejudice granted on grounds of complete preemption under ERISA and Section 301 of the Labor Management Relations Act with respect to plaintiff’s claims for tortious interference by supervisor with enhanced early retirement benefits. Grover v. Comdial Corporation, No. CL01-8611 (Cir. Ct. Albemarle Co., Va., March 18, 2004) (petition for appeal pending). Motion to strike granted at trial on claim for tortious interference with executive severance and supplemental retirement benefits. Graham v. Pactiv Corporation Benefits Committee, 301 F. Supp. 2d 483 (E.D. Va. 2004). Summary judgment in favor of retirement plan and fiduciary on participant’s claims for higher benefits, breach of fiduciary duty, estoppel, and failure to produce documents. Goodman v. E.I. du Pont de Nemours & Company et al., No. 3:00-CV-14-J-25TJC (M.D.Fla. 2001). Summary judgment for employer and benefit plans on claims of contingent workers for benefits and damages under ERISA § 510. Noble v. Reynolds Metals Pension Plan for Hourly Employees, No: 3:00CV629 (E.D.Va. 2001). Summary judgment for pension plan on claims under ERISA for special "shutdown" pension benefits under collectively bargained agreements. Hutchinson v. Aetna Health Plans of the Mid-Atlantic, Inc., No. 96-646-A (E.D.Va. 1996). Successful defense against motion to remand medical malpractice claim on grounds of preemption under the Federal Employee Health Benefits Act (FEHBA). Colonial Williamsburg Foundation v. Blue Cross and Blue Shield of Virginia, 909 F.Supp. 386 (E.D. Va. 1995) Successful motion to strike jury trial in claim for breach of ERISA fiduciary duty. Omar v. University of Richmond, No. 3:93CV458 (E.D. Va. 1994) Jury verdict for employer on national origin discrimination claim. Goodship v. University of Richmond, 860 F.Supp. 1110, 65 Fair Empl. Prac. Cas. (BNA) 172, 94 Ed. Law Rep. 243 (E.D.Va. 1994) Summary judgment for employer on age and sex discrimination claims.