Pension Plan Litigation

Overview

We regularly represent and provide counsel to pension plan clients regarding litigation, and threatened litigation against, and on occasion by, them. Those matters include, without limitation, alleged breach of fiduciary duty, benefits and disability retirement disputes, actuarial funding challenges, pension administration software disputes, Public Records Act demands, open meeting law compliance demands, real estate disputes and general contract matters.

In addition to matters specific to pension plans, our litigators handle a wide variety of investment and other business lawsuits of the type they might face, on behalf of other public agency clients. In the investment arena, our attorneys are familiar with the issues that arise from advisor mismanagement, workouts and bankruptcies. We work closely with asset managers and property managers to bring matters to a successful conclusion.

We understand the fiduciary issues that guide pension plans in their litigation as in other aspects of their operations. We advise in ways that aim to keep plans out of litigation and also to provide the greatest likelihood of success should they nevertheless be sued. We have successfully defended retirement plans and their boards in three cases that we unanimously decided in favor of the boards in the California Supreme Court, over a dozen cases in courts of appeal and numerous trial court cases that were never appealed

Professionals

Group Members

Ashley K. Dunning
Partner
- San Francisco
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Donald W. Meaders
Partner
- Los Angeles
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Peter H. Mixon
Of Counsel
- Sacramento
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James H. Vorhis
Partner
- San Francisco
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Alexander Westerfield
Partner
- San Francisco
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Successes

Successfully Defended a Multiple-Employer Defined Benefit Public Retirement System, its Board and CEO Against Claims of Overcharging of One Participating Employer
We won a five-year, $100 million legal battle for our clients. We defended the Alameda County Employees' Retirement Association (ACERA), ACERA’s Board of Retirement, and its Chief Executive Officer (ACERA Respondents) against allegations the retirement system had overcharged a participating employer in violation of their fiduciary responsibilities.
Affirming Class Action Victory for Pension Plan on Appeal
The California Third District Court of Appeal recently affirmed dismissal of a class action brought against our client, the San Joaquin County Employees’ Retirement Association.
Ensuring an Insurer Provides Coverage to a Public Pension Plan
The 9th Circuit Court of Appeals reversed a district court order granting summary judgment to Travelers Insurance Company and ordered instead that our client, the San Joaquin County Employees’ Retirement Association (SJCERA), receive a full defense under the carrier’s policy.
Court of Appeal Victory Rejecting Time-Barred Challenge
We represented Sonoma County Employees' Retirement Association through the superior and appellate court proceedings that affirmed that plaintiff's challenge to the payment of increased public employee pension benefits was barred by the statute of limitations.
Winning Big for SJCERA in Defense Against $200 Million Class Action Lawsuit
We obtained summary judgment from San Joaquin Superior Court in an over $200 million class action lawsuit brought against the San Joaquin County Employees’ Retirement Association and its Board of Retirement by a certified class of nearly 1,800 people.
Public Pension Group Obtains Unanimous Victory in California Court of Appeal
The California Court of Appeal for the First Appellate District recently handed down a unanimous decision in Greene v. Marin County Employees’ Retirement Association, denying the petitioner’s request for issuance of a writ of mandate on the ground of disqualifying bias. Nossaman LLP represented MCERA through the trial and appellate court proceedings.