“No Leg to Stand On: Potential Standing Defenses to ERISA Health Plan Claims,” Employee Relations Law Journal

In an article for Employee Relations Law Journal, Partner Joseph Torres, and Associates Hope Tone-O’Keefe and Jeff Salvadore examine challenges to standing as a defense in excessive fee cases under the Employee Retirement Income Security Act (ERISA), following the Supreme Court’s ruling in Thole v. US Bank N.A. The authors review recent developments in this area and provide tips for plan sponsors who may encounter such claims.

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“The Supreme Court’s decision in Thole and its circuit and district court progeny show that standing can be an effective defense against some of the more recent excessive fees cases that focus on health insurance plans,” the authors write. “Employers should consider the implications of these rulings when structuring their benefit packages and how they allocate health benefit-related cost-saving measures like drug rebates.”

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“No Leg to Stand On: Potential Standing Defenses to ERISA Health Plan Claims,” Employee Relations Law Journal

In an article for Employee Relations Law Journal, Partner Joseph Torres, and Associates Hope Tone-O’Keefe and Jeff Salvadore examine challenges to standing as a defense in excessive fee cases under the Employee Retirement Income Security Act (ERISA), following the Supreme Court’s ruling in Thole v. US Bank N.A. The authors review recent developments in this area and provide tips for plan sponsors who may encounter such claims.

Read More

“The Supreme Court’s decision in Thole and its circuit and district court progeny show that standing can be an effective defense against some of the more recent excessive fees cases that focus on health insurance plans,” the authors write. “Employers should consider the implications of these rulings when structuring their benefit packages and how they allocate health benefit-related cost-saving measures like drug rebates.”

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

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Partner Laurel Loomis Rimon Discusses Fintech Enforcement, Debanking, and Regulatory Risk on Fintech Layer Cake Podcast

Partner Laurel Loomis Rimon was featured on the Fintech Layer Cake podcast, where she discussed how fintech enforcement and prosecution actually work in practice, and what exposes fintechs and banks to regulatory risk.

July 15, 2026

Publications

Supreme Court Clarifies Scope of Private Rights of Action Under the Investment Company Act, Private Equity Law Report

Partners Charles Riely, Todd C. Toral, and Martin Glass authored a guest article for Private Equity Law Report examining the US Supreme Court's June 11, 2026, ruling on the scope of private rights of action under the Investment Company Act of 1940.

July 14, 2026

Publications

Emily Loeb Discusses Congressional Oversight Preparedness in Bloomberg Law

Partner Emily Loeb, co-chair of Jenner & Block's Congressional Investigations Practice, spoke with Bloomberg Law article about how companies can prepare for potential oversight exposure ahead of this fall's midterm elections.

July 7, 2026

Publications

In New York Law Journal, The True Lender Doctrine and the OppFi Decision

Partners Jeremy Creelan, Michael Ross, Megan Poetzel, and Laurel Loomis Rimon, and Associate Molly Oberstein-Allen authored an article for the New York Law Journal examining the "True Lender" doctrine in light of a May 2026 California decision that provides the most detailed judicial framework to date for evaluating bank-nonbank lending partnerships.

July 1, 2026

Event

Partner Michael Vernick to Speak at NACUA's 2026 Annual Conference

On July 1, Partner Michael Vernick will speak on a panel at the National Association of College and University Attorneys (NACUA) 2026 Annual Conference in Nashville.

July 1, 2026