Joel S. Feldman

Recent representative class action cases include:

• Rozo v. Principal Life (S.D. Iowa, summary judgment granted Sept. 25, 2018; appeal pending). Plaintiffs asserted class action claims with respect to fixed income product offered to retirement plan participants, alleging excessive fees. In granting summary judgment, the court found that Principal did not act as a fiduciary when re-setting the crediting rate on the product.
• Teets v. Great-West Life (D. Col., summary judgment granted Dec. 14, 2017; appeal pending). ERISA class action alleging that Great-West Life acted improperly with respect to a guaranteed fixed income product. This is the first merits victory for a defendant in one of the seven general account class actions brought against the life insurance industry.
• Rosen v. Capfinancial Partners (D. Conn., dismissal with prejudice granted Dec. 30, 2016). Dismissal with prejudice of an ERISA class action alleging that a 401(k) plan’s fund “menu” included too many actively managed funds and funds with excessive expenses.
• Wittman v. New York Life (S.D.N.Y., voluntary dismissal Nov. 29, 2016). This ERISA class action alleged that a stable value fund offered to 401(k) plan participants charged fees that were too high. Plaintiff voluntarily dismissed the case upon completion of dismissal briefing.
• McCaffree v. Principal life Ins. Co. (8th Cir., affirming dismissal with prejudice, Jan. 8, 2016). Dismissal with prejudice of ERISA class action alleging that retirement plan provider violated fiduciary duty based on fee structure.
• Skin Pathologies v. ING (S.D.N.Y., plaintiff nonsuited Feb. 20, 2014). ERISA class action alleging excessive, hidden fees. Plaintiff nonsuited after dismissal brief filed.
• Leimkuehler v. American United Life Insurance Company (7th Cir., summary judgment affirmed, April 16, 2013). This national ERISA action alleged improper revenue sharing against a retirement plan administrator. The district court grant of summary judgment, affirmed by the Seventh Circuit, is the first complete judgment in favor of a defendant in a series of ERISA class actions pending around the United States against plan service providers that challenge so-called revenue sharing.
• Cowden v. Parker (E.D. Ky., class certification denied May 22, 2013). This case alleged payment of insufficient commissions in sale of medicare advantage policies. The certification ruling is one of the first that invokes Comcast, and finds that individualized issues on the question of damage preclude class certification.
• Kennedy v. Jackson National (N.D. Cal., summary judgment granted October 6, 2010). This is the first grant of complete summary judgment in favor of a defendant among the myriad of senior citizen annuity class actions, which challenged the suitability of sales of fixed annuities to senior citizens.
• Rowe v. Bankers Life (N.D. Ill., class certification denied March 29, 2012). This is the first complete class certification denial among the many class actions filed against numerous defendants claiming unsuitable sales of fixed annuities to seniors. 
• Walsh v. Principal Financial Company (S.D. Iowa, class certification denied March 24, 2010). This national ERISA class action was brought on behalf of all Principal-administered 401(k) plan participants who transferred their accounts, upon leaving their employer, to a Principal IRA. In a first of its kind precedent setting class certification ruling, the court denied class certification finding that the issues of breach of fiduciary duty, causation and damage all required individualized examination.
• Rabin v. Mutual of New York (S.D. N.Y., October 21, 2009). This national class action challenged so-called retained asset accounts, wherein an insurance company provides a checkbook instead of a single lump sum check as payment for death benefits. We won summary judgment on behalf of MONY with the court finding there was no deception or breach of contract.
• Gregurek v. United of Omaha (C.D. Cal., decertification granted November 10, 2009). This case challenged whether cost of insurance could include profits and expenses. After being retained as successor counsel subsequent to the entry of class certification, we won decertification of the class.
• Doiron v. Conseco (M.D. La., decertification granted April 7, 2009). This case challenged coverage practices with respect to certain cancer insurance policies. We won decertification after being hired subsequent to the entry of class certification.
• Ruppert v. Principal Life Insurance Co. (S.D. Iowa, class certification denied on August 27, 2008). This ERISA class action was brought on behalf of 57,000 retirement plans encompassing millions of plan participants. The denial of class certification (presently subject to Rule 23(f) petition) is the first ruling in a series of ERISA class actions pending around the United States against plan service providers that challenge so-called revenue sharing. 
• Myers v. Freedom Credit Union v. Creditor Resources Inc., C.A. No. 05-3526 (E.D. Pennsylvania; summary judgment granted on June 23, 2008). Plaintiff brought class action under Fair Credit Reporting Act. In one of the first rulings interpreting the Supreme Court’s Safeco ruling, the court granted summary judgment for our client.
• In re Industrial Life Insurance Litig., MDL No. 1371, 208 F.R.D. 571 (E.D. Louisiana: class certification denied January 12, 2006). National class action alleging discrimination in pricing and sale of industrial life insurance. Served as lead counsel in multi-district proceeding. Successfully obtained denial of class certification after most defendants had settled.
• Richards v. AXA Equitable Life Ins. Co., 06-CV-03744 (S.D.N.Y., class claims voluntarily dismissed July, 2008). Putative national class action alleged that juveniles were charged smoker rates. Plaintiff agreed to non-suit the class claims.
• Farris v. Transamerica Occidental Life, CA No. CV-02-1291, Circuit Court of Shelby County, Alabama (voluntarily dismissed May 2005). Putative national class action filed in Alabama, alleged improper payouts on long term care insurance. After two years of litigation, plaintiffs voluntarily nonsuited the class.