Employer-sponsored group health plans are facing a growing wave of ERISA class action lawsuits, and the claims are getting bolder, including claims of “financial dominance”. In our previous post on this topic, we analyzed Barbich et al. v. Northwestern University et al., No. 1:25-cv-06849 (N.D. Ill.), which introduced a novel “financial dominance” theory

February 2026

On November 26, 2025, the District of New Jersey issued its latest ruling in Lewandowski v. Johnson & Johnson, granting Johnson & Johnson’s motion to dismiss the fiduciary breach claims for lack of Article III standing.

As a refresher, a class action lawsuit was filed by Johnson & Johnson (“J&J”) employees, against