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Hidden Fees in 401(k) Plans Spur Lawsuits
Posted by: Melville Johnson, P.C.
May 27, 2008

Congress and the U.S. Department of Labor are reviewing the hidden fees in 401(k) retirement plans that have been the subject of suits brought under the Employee Retirement Income Security Act of 1974 (ERISA). The plaintiffs have classified these fees as hidden, because the management fee is often a lump sum that includes the costs of separate services by different providers, which makes it difficult for participants to compare costs among similar plans.

Two recent class action suits filed pursuant to ERISA,...

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11th Circuit addresses ?own occupation? standard in Coca-Cola employee's private disability benefits appeal
Posted by: Melville Johnson, P.C.
May 12, 2008

The United States Court of Appeals for the 11th Circuit in Byars v. Coca-Cola Co., 517 F.3d 1256, examined the "Own Occupation" and "Any Occupation" Standards in this Long Term Disability (LTD) Benefits appeal. Lisa Byars was an employee of Coca-Cola for twenty-three years when she was injured while vacationing out of the country. Unable to continue her work, Ms. Byars applied for short term disability pay and received six months of short-term disability pay. Thereafter, Ms. Byars filed a claim with Coca-Cola for LTD benefits. At the time of Ms. Byar's LTD request, Coca Cola's LTD plan was governed by ERISA and was administrated by ReliaStar.

The LTD plan provided benefits....

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