In the Headlines
March 27, 2025
Standing Emerges as Key Front in ERISA Health Fee Battles
Law360
Litigation attorney Todd Wozniak was quoted in a Law360 article discussing the importance of establishing legal standing in Employee Retirement Income Security Act of 1974 (ERISA) cases related to health plan fees. The recent dismissal of a lawsuit against Wells Fargo, which centered on alleged excessive prescription drug costs, underscores the challenges plaintiffs encounter in proving concrete harm in these cases. Mr. Wozniak highlighted that though he doesn't expect the Wells Fargo ruling to deter future suits, the issue of standing will remain a hurdle for litigation in this area.
"There's no doubt the plaintiffs bar is going to try to plead around some of these Article III standing issues… I don't know exactly what fact pattern will allow them to, though," he said.
READ: Standing Emerges as Key Front in ERISA Health Fee Battles (Subscription required)
"There's no doubt the plaintiffs bar is going to try to plead around some of these Article III standing issues… I don't know exactly what fact pattern will allow them to, though," he said.
READ: Standing Emerges as Key Front in ERISA Health Fee Battles (Subscription required)