Eric S. Mattson

Eric has defended the automotive, insurance and financial services, and other industries against the expanding array of class actions that challenge their products, methodologies, and procedures. Eric is ranked by Chambers USA 2021 for Nationwide Product Liability: Consumer Class Actions and has served as counsel in significant class actions across the country, including those noted above and the following:

• In re Takata Airbag Litigation. Currently represents American Honda Motor Co., Inc. in numerous class actions alleging defects in Takata-manufactured airbags. 
• Kennedy v. Jackson National Life Insurance Co., No. 07 C 371, 2010 WL 4123994 (N.D. Cal. Oct. 6, 2010). Represented defendant and argued motion for summary judgment in RICO class action alleging deception in the sale of deferred annuities to senior citizens. The district court granted our motion for summary judgment.
• Ruppert v. Principal Life Insurance Co., 252 F.R.D. 488 (S.D. Iowa 2008). Represented defendant in class action alleging that “revenue sharing” practices violated ERISA. In the first ruling on class certification in this type of case, the court denied plaintiff’s motion.

Eric has successfully resolved ERISA class actions and has helped set precedent across the full spectrum of ERISA issues, often overcoming the objections of the Department of Labor. In covering the McCaffree case described above, Bloomberg BNA reported in 2016, “The Labor Department is now 0-3 in its attempt to persuade the federal appeals courts to impose ERISA fiduciary liability on 401(k) service providers.” Eric argued the appeals in two of the referenced cases and wrote an amicus brief in support of the prevailing party in the third. In addition to the ERISA cases above, other notable cases include:

• Loomis v. Exelon Corp., 658 F.3d 667 (7th Cir. 2011). Represented defendants and argued appeal in ERISA class action alleging breach of fiduciary duty by allowing participants in 401(k) plan to pay excessive fees. The Seventh Circuit affirmed the dismissal of all claims against all defendants. 
• Walsh v. Principal Life Insurance Co., 266 F.R.D. 232 (S.D. Iowa 2010). Represented defendant in ERISA class action challenging 401(k) “rollover” offerings. The court denied plaintiff’s motion for class certification. 
• Fry v. Exelon Corp. Cash Balance Pension Plan, 571 F.3d 644 (7th Cir. 2009). Represented defendants in class action alleging that pension plan’s definition of “normal retirement age” violated ERISA. In the first Court of Appeals opinion on the issue, the Seventh Circuit upheld the dismissal of plaintiff’s claims. 
• In re Washington Mutual, Inc. Securities, Derivative & ERISA Litigation, 2009 WL 3246994 (W.D. Wash. Oct. 5, 2009). Represented JPMorgan Chase Bank, N.A. and argued motion to dismiss in ERISA “stock drop” litigation. The court dismissed the claims against our client with prejudice, finding that it was not liable under plaintiffs’ theory of successorship.

A former newspaper reporter, Eric has also regularly handled media law issues during his career, including defamation, privacy, copyright and reporter’s privilege matters. He has been listed in Chambers USA as a leader in Illinois media law (2007–2016). From 1999 through 2013, he served as a co-author of the Illinois chapter of the Media Law Resource Center’s annual 50-State Survey on Employment Libel and Privacy Law. Representative cases in this area include the following:

• Ficaro v. Funkhouser, Vegosen, Liebman & Dunn, Ltd., Nos. 1-07-1469 & 1-07-3433 (Ill. App. Ct. July 31, 2009). Represented defendant in defamation action. The trial court dismissed all claims against our client, and the Illinois Appellate Court upheld the dismissal on the basis of the absolute litigation privilege. 
• Maag v. Illinois Coalition for Jobs, Growth and Prosperity, 858 N.E.2d 967 (Ill. App. Ct. 2006). Represented defendant in defamation case brought by unsuccessful judicial candidate. The Illinois Appellate Court upheld the dismissal of all claims. 
• Ameritech v. Voices for Choices, Inc., No. 03 C 3014, 2003 U.S. Dist. LEXIS 8023 (N.D. Ill. May 12, 2003). Represented defendant in defamation case challenging our client’s advertisements. The court denied plaintiff’s request for a temporary restraining order, and the case was then dropped.

For many years, Eric has proudly served as counsel for his law school alma mater, Northwestern University, and has represented Northwestern on a variety of matters.