Experience

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Represented Advocate Health Care Network before the U.S. Supreme Court in Advocate Health Care Network et al. v. Stapleton et al., a high-profile case involving the interpretation of ERISA’s “church plan” definition. The case resulted in a unanimous 2017 decision in favor of Advocate and two other religiously affiliated hospitals.
Defended a religious health care network and employees in a putative class action lawsuit challenging the pension plan's status as a church plan exempt from ERISA.
Defended a healthcare system in a claim alleging discrimination and violation of whistleblower statutes, obtaining summary judgment on all counts.
Defended a healthcare system in a claim alleging breach of fiduciary duty to plan participants arising from recordkeeping, managed account service and investment management fees.
Defended a health care network in two putative class action lawsuits filed in U.S. District Court for the Eastern District of Missouri alleging failure to pay for overtime under federal Fair Labor Standards Act and Missouri law. The cases were resolved on favorable terms for the client through settlement.
Obtained summary judgment in favor of long-term disability plans in multiple lawsuits alleging wrongful denial of benefits under ERISA.
Defended a country club and individual club members against ERISA claims for benefits, breach of fiduciary duty, interference with protected rights, and multiple state law claims. Obtained summary judgment in all seven counts based on the ultimate finding that a deferred compensation plan and an employment agreement plan were “top-hat” plans and, thus, not subject to ERISA.

Sampling of Reported Cases

Advocate Health Care Network et al. v. Stapleton et al., 581 U.S. 468 (2017) (unanimously finding in favor of religiously affiliated hospitals and holding ERISA’s Church Plan exemption extends to plans maintained by hospital’s principal-purpose organizations regardless of who established the plan).
Clark-Kutscher v. SSM Health Care Corporation, 2023 U.S. Dist. LEXIS 159698 (S.D. Ill. 2023) (granting summary judgment in favor of employer on all claims including claims arising under the False Claims Act, Illinois Whistleblower Act, and Age Discrimination in Employment Act).
Goodrich v. Good Samaritan Regional Health Ctr. DBA SSM Health Good Samaritan Hosp.-Mt. Vernon, 2023 U.S. Dist. LEXIS 70379 (S.D. Ill. May 23, 2022) (granting employer’s motion to dismiss religious discrimination claim arising under Title VII relating to requirement that healthcare workers be vaccinated against COVID-19).
Conner v. Ascension Health, 428 F. Supp. 3d 149 (E.D. Mo. 2019) (granting summary judgment in favor of plan sponsor and finding that denial of disability benefits was not an abuse of discretion).
Presi v. Ascension Health Alliance, 2019 U.S. Dist. LEXIS 41369 (E.D. Mo. March 14, 2019) (granting summary judgment in favor of plan sponsor and finding that denial of disability benefits was not an abuse of discretion), affirmed on appeal at 788 Fed. Appx. 418 (8^th Cir. 2019).
Feather v. SSM Health, 2018 U.S. Dist. LEXIS 122346 (E.D. Mo. July 23, 2018) (granting defendant’s motion to dismiss plaintiff’s complaint challenging whether a plan sponsored by a religious hospital meets the requirements to be a church plan).
Davidson v. Ascension Long-Term Disability Plan, 2017 U.S. Dist. LEXIS 17052 (E.D. Mo. Oct. 16, 2017)
Grosse v. Edward Jones et al., 528 S.W. 3d 439 (Mo. Ct. App. 2017) (affirming jury verdict in favor of Defendant on all claims including discrimination based on age and gender and alleged retaliation for whistleblowing).
Clause v. Sedgwick Claims Management Services, 2016 U.S. Dist. LEXIS 5933 (D. Az. Jan. 19, 2016) (enforcing forum selection clause), 2016 U.S. Dist. LEXIS 193384 (E.D. Mo. May 17, 2016) (denying retransfer); affirmed on appeal and petition for writ of certiorari denied.
Van Gent v. St. Louis Country Club, 2013 U.S. Dist. LEXIS 168697 (E.D. Mo. Nov. 27 2013) (granting summary judgment in employer’s favor in deferred compensation case and case rejecting plaintiff’s claims of wrongful denial of benefits under the plan, breach of contract, breach of fiduciary duty, interference with protected rights, and penalty claims).

Represented Advocate Health Care Network before the U.S. Supreme Court in Advocate Health Care Network et al. v. Stapleton et al., a high-profile case involving the interpretation of ERISA’s “church plan” definition. The case resulted in a unanimous 2017 decision in favor of Advocate and two other religiously affiliated hospitals.
Defended a religious health care network and employees in a putative class action lawsuit challenging the pension plan's status as a church plan exempt from ERISA.
Defended a healthcare system in a claim alleging discrimination and violation of whistleblower statutes, obtaining summary judgment on all counts.
Defended a healthcare system in a claim alleging breach of fiduciary duty to plan participants arising from recordkeeping, managed account service and investment management fees.
Defended a health care network in two putative class action lawsuits filed in U.S. District Court for the Eastern District of Missouri alleging failure to pay for overtime under federal Fair Labor Standards Act and Missouri law. The cases were resolved on favorable terms for the client through settlement.
Obtained summary judgment in favor of long-term disability plans in multiple lawsuits alleging wrongful denial of benefits under ERISA.
Defended a country club and individual club members against ERISA claims for benefits, breach of fiduciary duty, interference with protected rights, and multiple state law claims. Obtained summary judgment in all seven counts based on the ultimate finding that a deferred compensation plan and an employment agreement plan were “top-hat” plans and, thus, not subject to ERISA.

Sampling of Reported Cases

Advocate Health Care Network et al. v. Stapleton et al., 581 U.S. 468 (2017) (unanimously finding in favor of religiously affiliated hospitals and holding ERISA’s Church Plan exemption extends to plans maintained by hospital’s principal-purpose organizations regardless of who established the plan).
Clark-Kutscher v. SSM Health Care Corporation, 2023 U.S. Dist. LEXIS 159698 (S.D. Ill. 2023) (granting summary judgment in favor of employer on all claims including claims arising under the False Claims Act, Illinois Whistleblower Act, and Age Discrimination in Employment Act).
Goodrich v. Good Samaritan Regional Health Ctr. DBA SSM Health Good Samaritan Hosp.-Mt. Vernon, 2023 U.S. Dist. LEXIS 70379 (S.D. Ill. May 23, 2022) (granting employer’s motion to dismiss religious discrimination claim arising under Title VII relating to requirement that healthcare workers be vaccinated against COVID-19).
Conner v. Ascension Health, 428 F. Supp. 3d 149 (E.D. Mo. 2019) (granting summary judgment in favor of plan sponsor and finding that denial of disability benefits was not an abuse of discretion).
Presi v. Ascension Health Alliance, 2019 U.S. Dist. LEXIS 41369 (E.D. Mo. March 14, 2019) (granting summary judgment in favor of plan sponsor and finding that denial of disability benefits was not an abuse of discretion), affirmed on appeal at 788 Fed. Appx. 418 (8^th Cir. 2019).
Feather v. SSM Health, 2018 U.S. Dist. LEXIS 122346 (E.D. Mo. July 23, 2018) (granting defendant’s motion to dismiss plaintiff’s complaint challenging whether a plan sponsored by a religious hospital meets the requirements to be a church plan).
Davidson v. Ascension Long-Term Disability Plan, 2017 U.S. Dist. LEXIS 17052 (E.D. Mo. Oct. 16, 2017)
Grosse v. Edward Jones et al., 528 S.W. 3d 439 (Mo. Ct. App. 2017) (affirming jury verdict in favor of Defendant on all claims including discrimination based on age and gender and alleged retaliation for whistleblowing).
Clause v. Sedgwick Claims Management Services, 2016 U.S. Dist. LEXIS 5933 (D. Az. Jan. 19, 2016) (enforcing forum selection clause), 2016 U.S. Dist. LEXIS 193384 (E.D. Mo. May 17, 2016) (denying retransfer); affirmed on appeal and petition for writ of certiorari denied.
Van Gent v. St. Louis Country Club, 2013 U.S. Dist. LEXIS 168697 (E.D. Mo. Nov. 27 2013) (granting summary judgment in employer’s favor in deferred compensation case and case rejecting plaintiff’s claims of wrongful denial of benefits under the plan, breach of contract, breach of fiduciary duty, interference with protected rights, and penalty claims).