Pension Predators: Stopping Class Action Abuse Against Workers' Retirement

Labor Department and Labor LawHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions · 2025-12-02 · 119th Congress
The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine whether class action lawsuits under the Employee Retirement Income Security Act (ERISA) are protecting workers' retirement savings or primarily benefiting plaintiffs' attorneys. Begins at 0:02:51
Transcript
Highlights

Title

ERISA class-action lawsuit reform after the Cunningham v. Cornell ruling

Purpose

The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine whether class action lawsuits under the Employee Retirement Income Security Act (ERISA) are protecting workers' retirement savings or primarily benefiting plaintiffs' attorneys. The hearing centered on the Supreme Court's unanimous decision in *Cunningham v. Cornell University*, which lowered the pleading standard for ERISA prohibited-transaction claims, and on Rep. Fine's proposed ERISA Litigation Reform Act (H.R. 6084), which would legislatively narrow that ruling. Witnesses from a defense-side law firm, an employer trade group, and AARP offered competing views on whether such litigation is largely frivolous or a necessary enforcement tool. Begins at0:02:51

Who spoke

Chairman Rick Allen (R-GA)0:02:51: Opened the hearing arguing predatory class-action attorneys target the roughly $14 trillion held in ERISA plans for "sue and settle" payouts0:04:05, and closed by calling for passage of H.R. 60841:40:32.

Ranking Member Sier (D)0:05:56: Warned the subcommittee's agenda favors corporations over workers0:06:24, cited EBSA understaffing (one investigator per 14,000 plans)0:06:450:33:47, noted only 586 ERISA class actions were filed 2020–2024 against over 800,000 plans0:09:04, and said H.R. 6084 would functionally overturn *Cunningham*0:09:28.

Andrew Salek-Raham, Groom Law Group0:12:52: Testified a low pleading bar lets meritless suits reach costly discovery0:13:48, described tactics like suing an infant relative of a defendant0:15:041:21:03, and told the subcommittee nearly all plan fiduciaries he's represented had expert teams and were compliant with the law before being sued0:28:510:29:06.

Lynn Dudley, American Benefits Council0:16:47: Said an informal survey found 89% of defined-contribution plan sponsors cite litigation risk as a factor limiting new services0:17:48, that plaintiffs' attorneys collected about $24 million versus a $116 average per-participant award (2009–2016)0:18:14, and detailed specific innovation chilling effects — 29% won't offer new options first, 25% won't add assistance, 43% won't offer lifetime income — due to litigation risk1:03:54.

William Rivera, AARP Foundation0:20:06: Argued *Cunningham*'s unanimous 9-0 ruling restores ERISA's protective balance by keeping the burden of proving exemptions on defendants0:21:530:36:46, cited a client, Brian Burn, harmed by alleged prohibited transactions0:22:51, and said successful litigation has produced lower fees and better investment options for participants0:58:211:29:04.

Glenn Butash, ERISA Industry Committee (ERIC) Legal Center0:24:46: Said over half of billion-dollar-plus plans have faced litigation from a handful of repeat law firms0:25:14, described a typical settlement where a third goes to attorneys and participants receive roughly $50 each covering six years of alleged harm1:12:41, and proposed requiring plaintiffs to plead a specific benchmark and staying discovery pending a motion to dismiss0:27:02.

Rep. Tim Walberg (R-MI), Full Committee Chairman0:38:50: Cited President Trump's August 7 executive order on "democratizing access" to alternative 401(k) assets and asked witnesses whether litigation risk discourages such innovation0:39:200:40:08.

Rep. Lucy McBath (D-GA)0:44:31: Argued the bill would tip the legal scales toward employers and away from workers seeking justice for mismanaged retirement savings0:45:160:46:11, and later objected to Chairman Allen's characterization that employees aren't the ones suing1:31:36.

Rep. "Hunger" (physician)0:50:23: Asked whether the bill's health-plan implications would affect cases like *Lewandowski v. Johnson & Johnson*, which was dismissed for lack of standing0:51:120:51:36, and discussed interaction with self-insured health coverage0:52:42.

Rep. Manion0:55:23: Noted *Cunningham* reaffirmed workers' right to their day in court0:56:11 and asked Rivera to respond to claims that litigation mainly benefits attorneys, not participants0:57:26.

Rep. McKenzie0:59:26: Asked Butash whether frivolous ERISA suits have trended upward over his nearly 40-year career0:59:56 and asked Dudley for examples of litigation stifling innovation1:03:10.

Rep. Pays (D-CT)1:05:16: Criticized the Department of Labor's withdrawal of its appeal defending the Biden-era retirement security fiduciary rule1:06:05 and asked Rivera how rescinding it would harm workers1:06:32.

Rep. Brian Fine (R)1:10:17: Described a hypothetical settlement notice where a law firm collects millions while a consumer gets $7231:10:46, and, discussing his own bill (H.R. 6084), asked Butash and Dudley about the urgency of reform1:11:451:13:52.

Rep. Joe Courtney (D-CT)1:15:37: Cited a Jones Day analysis arguing *Cunningham* actually gives defense counsel tools (Rule 7 replies) to swiftly dismiss meritless claims, disputing the premise of a litigation crisis1:16:051:19:23.

Rep. Virginia Foxx (R-NC), Chairman Emerita1:20:42: Asked Salek-Raham about the infant-defendant example as evidence of unrestrained litigation tactics1:21:03 and asked Dudley how baseless settlements erode employee trust in benefit plans1:24:50.

Rep. Lee (D-PA)1:26:13: Argued workers' complaints are not frivolous given roughly 100 class actions a year against 800,000-plus plans1:27:38 and asked Rivera whether corporations suffer more than the workers suing them1:28:06.

Rep. Bobby Scott (D-VA), Full Committee Ranking Member1:31:30: Noted that per the ranking member's cited statistics, 99% of plans were not sued between 2020 and 20241:32:10, and pressed Butash and Dudley for specific examples of frivolous suits against their members, which neither could name1:34:491:35:20.

Key moments

Salek-Raham testified plaintiffs' attorneys have sued an infant family member of a defendant and served process at the baby's home as a discovery-pressure tactic0:15:041:21:03.

Dudley cited a 2009–2016 estimate that plaintiffs' attorneys collected roughly $24 million while the average per-participant award was $1160:18:14.

Butash described a typical case pattern: a $2–4 million settlement where attorneys take a third and the remainder is split among tens of thousands of participants, yielding roughly $50 each to cover six years of alleged harm1:12:41.

Fine described a hypothetical notice showing a law firm collecting a multimillion-dollar fee while the affected worker receives a $723 check1:10:46.

Dudley's survey found 89% of defined-contribution plan sponsors say litigation risk affects decisions to offer new services, with 43% specifically declining to offer lifetime income options because of litigation exposure0:17:481:03:54.

Rivera argued *Cunningham v. Cornell* was decided unanimously (9-0) and correctly places the burden on defendants to prove an exemption applies, since relevant information "lies in the hands of the other party"0:36:460:21:53.

Courtney cited a Jones Day defense-bar analysis arguing *Cunningham* actually equips defendants with tools (Federal Rule 7 replies) to swiftly dismiss meritless claims, disputing the premise that the ruling created a litigation crisis1:16:051:19:23.

Ranking Member Sier noted just 586 ERISA class actions were filed 2020–2024 against more than 800,000 private-sector retirement plans0:09:04; Scott later observed this means 99% of plans were not sued in that period1:32:10.

Walberg cited President Trump's August 7 executive order on expanding access to alternative assets in 401(k)s, framing litigation risk as a barrier to such investment innovation0:39:20.

When Scott pressed Butash and Dudley to name specific frivolous lawsuits against their member companies, neither could provide an example1:34:491:35:20.

Metadata

CommitteeHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions
Chamber / CongressHouse · 119th Congress
Date2025-12-02
TypeHearing
Witnesses
Mr. Andrew Salek-Raham — Principal, Groom Law Group
Mr. William Rivera — Senior Vice President of Litigation, AARP Foundation
Mrs. Lynn Dudley — Senior Vice President, Global Retirement and Compensation Policy, American Benefits Council
Mr. Glenn Butash — Chair, ERIC Legal Center, The ERISA Industry Committee
Videoyoutube
Transcript275 caption blocks · 14,717 words · 1:41:45 runtime
EventCongress.gov 118704