ERISA health plan litigation. The cases employers should know, and where they stand.

The short answer

Employers are being sued under ERISA by health plan participants who claim the plan overpaid through PBM contracts, drug pricing, tobacco surcharges or broker commissions on voluntary benefits. Most PBM cases have been dismissed for lack of standing, but tobacco surcharge suits have produced settlements and rulings for employees. A documented fiduciary process is the best defense.

The cases we are tracking.

Each case shows its status as of the last verified court event. Allegations are allegations: none of these employers has been found liable for a PBM or broker arrangement. Tracker updated November 12, 2026.

Employer health plan cases Ethos Benefits is tracking, newest development first
What was allegedWhy it mattersWhoStatusDetails
Mehlberg v. Compass Group USATobacco surcharges · W.D. Mo.No. 2:24-cv-04179A $1,248 a year tobacco surcharge was not refunded for the full year to employees who later completed a cessation program.The first ruling on the merits for employees in the tobacco surcharge wave, two months after the agencies said they would not enforce full-year refunds.Employees v. Compass Group USARaises your riskFour classes certified in April 2026, and the Eighth Circuit declined to hear an early appeal of that in June. Summary judgment for the employees on all claims, reported October 19 to 20, 2026. Next steps not yet reported.

Latest move

Judge rules for employees on summary judgment, October 20, 2026.

Ask about your plan

Does your wellness notice give the full-year reward back to employees who complete the alternative standard mid-year?

Navarro v. Wells Fargo & Co.Pharmacy and PBMs · D. Minn.; 8th Cir.No. 0:24-cv-03043; appeal No. 26-1620The PBM contract used an inappropriate pricing benchmark, steered members to a PBM-owned pharmacy, priced some drugs above uninsured cash prices and carried excessive fees.One of the first appellate tests of whether employees can sue over what their plan pays for drugs.Employees v. Wells Fargo & Co.Too early to tellDismissed for lack of standing in March 2025 and again in March 2026. On appeal: plaintiffs filed their reply brief October 8, 2026. No argument date set.

Latest move

Plaintiffs file their reply brief in the Eighth Circuit, October 8, 2026.

Ask about your plan

Can you show how your PBM pricing compares with market benchmarks and cash prices for common generics?

ERISA Industry Committee v. HHSRules and the market · D.D.C.No. 1:25-cv-00136An employer trade group challenges the 2024 mental health parity final rule.The new 2024 requirements are not enforced federally for now, but state regulators are not bound by that pause, and a replacement rule is coming.The ERISA Industry Committee v. HHS, Labor and TreasuryToo early to tellPaused. The agencies will not defend the 2024 rule and plan to propose a new one by December 31, 2026, per the September 30, 2026 status report.

Latest move

Status report: new parity rule targeted for year end, September 30, 2026.

Ask about your plan

Is your parity comparative analysis current under the 2013 rule that still applies?

Lewandowski v. Johnson & JohnsonPharmacy and PBMs · D.N.J.; 3d Cir.No. 3:24-cv-00671; appeal No. 26-1107The plan paid inflated drug prices through an imprudent PBM arrangement, including mail order pricing above retail.If the Third Circuit decides differently than the Eighth Circuit in Navarro, the question could reach the Supreme Court.Participants v. Johnson & JohnsonToo early to tellDismissed for lack of standing in January and November 2025; final judgment entered January 12, 2026. On appeal: reply brief filed August 14, 2026, supplemental authority letters in September. No argument date set.

Latest move

Supplemental authority briefing closes, September 14, 2026.

Ask about your plan

Would your plan records show who reviewed the PBM contract, when, and what they compared it with?

USI Insurance Services employee plan suitVoluntary benefits · S.D.N.Y.USI ran its own employee benefit plan and also acted as the broker choosing its voluntary benefits, collecting commissions from the products.A broker sued by its own employees shows how far the voluntary benefits theory now reaches.Employees v. USI Insurance ServicesRaises your riskProposed class action filed September 8, 2026. No ruling yet.

Latest move

USI sued by its own employees over voluntary benefit commissions, September 8, 2026.

Ask about your plan

Do you know the commission and loss ratio on each accident, critical illness and hospital indemnity product you offer?

Tobacco surcharge dismissals: Target and Campbell SoupTobacco surcharges · D. Minn. and D.N.J.The same surcharge theory as Compass, filed against other large employers.Most courts have sided with employers on refunds, so the risk depends on the court and on how the program is written.Employees v. Target and Campbell SoupEases your riskBoth dismissed July 22, 2026. Progressive also won dismissal of a similar challenge.

Latest move

Target and Campbell Soup cases dismissed, July 22, 2026.

Ask about your plan

Does every plan document that mentions the surcharge also explain the alternative standard?

FTC v. Caremark, Express Scripts and Optum RxPharmacy and PBMs · FTC administrative caseThe three largest PBMs allegedly steered members to high list-price insulin to collect larger rebates.The settlements change rebate and out-of-pocket terms that flow into employer plans.The Federal Trade Commission v. the PBMs owned by CVS Health, Cigna and UnitedHealth GroupEases your riskExpress Scripts settled in February 2026 and Caremark on July 14, 2026. Optum Rx reached a proposed settlement on June 12, 2026; the FTC has not yet published its final terms.

Latest move

CVS Caremark settles, July 14, 2026.

Ask about your plan

Has your PBM told you how these settlements change your insulin pricing or rebates?

Stern v. JPMorgan Chase & Co.Pharmacy and PBMs · S.D.N.Y.No. 1:25-cv-02097JPMorgan kept a traditional PBM pricing arrangement, including spread pricing, without considering pass-through pricing, specialty carve-outs or lower-cost pharmacies.The first employer drug-cost case where a claim survived dismissal, on the prohibited transaction theory opened by Cunningham v. Cornell.Employees v. JPMorgan Chase & Co.Raises your riskMarch 9, 2026: fiduciary breach claims dismissed, prohibited transaction claim allowed to proceed. JPMorgan moved for judgment on the pleadings June 3; plaintiffs opposed July 10. No ruling found.

Latest move

Plaintiffs oppose JPMorgan's motion for judgment on the pleadings, July 10, 2026.

Ask about your plan

Have you compared your PBM contract with pass-through pricing and a specialty carve-out?

State PBM laws v. ERISAPharmacy and PBMs · 8th Cir. and M.D. Tenn.Whether state laws regulating PBMs reach self-funded plans, including Arkansas Act 624, which bars PBMs from owning pharmacies.Decides whether state PBM reforms apply to a self-funded plan or stop at fully insured coverage.States and pharmacists v. PBMsToo early to tellJune 29, 2026: the Eighth Circuit held Arkansas network geography rules preempted by ERISA (Flowers v. Caremark). Act 624 remains blocked by a preliminary injunction while on appeal. Challenges to Tennessee's law are pending.

Latest move

Eighth Circuit holds Arkansas network rules preempted, June 29, 2026.

Ask about your plan

Do you know which state PBM laws apply to your plan, and which do not?

Abbott Laboratories plan design suitPlan design · N.D. Ill.No. 1:26-cv-8304Abbott offered a traditional PPO that costs participants more than its HSA-eligible PPO at every level of use: $1,926 v. $300 a year in employee-only contributions.A new theory that choosing which medical plans go on the menu is itself a fiduciary decision.A former employee v. Abbott LaboratoriesRaises your riskProposed class action filed June 10, 2026. No ruling yet.

Latest move

Proposed class action filed, June 10, 2026.

Ask about your plan

Is any medical option you offer more expensive for employees at every level of use than another?

Blue Cross Blue Shield antitrust settlementRules and the market · N.D. Ala.A $2.67 billion settlement over the Blue plans' agreements not to compete with one another.Employers and members enrolled in a Blue plan from 2008 to 2020 who filed claims may receive payments.Subscribers v. the Blue Cross Blue Shield Association and its member plansEases your riskPayments to about 7.8 million claimants began in May 2026.

Latest move

Settlement payments begin, May 11, 2026.

Ask about your plan

Did your company file a claim for its self-funded or insured Blue plan years?

Voluntary benefits suits against CHS, Allied Universal and LabcorpVoluntary benefits · N.D. Ill., S.D.N.Y. and M.D.N.C.Nos. 1:25-cv-15578, 1:25-cv-10659, 1:26-cv-00455Employers and their consultants allowed commissions on voluntary products averaging about 29% (Labcorp) to nearly 40% (Allied Universal) of premiums.Employee-paid products can still be part of an ERISA plan, and the employer stays responsible for them.Employees v. CHS/Community Health Systems, Allied Universal, Labcorp and their consultantsRaises your riskPending. The Labcorp case was transferred in May 2026. No ruling on a motion to dismiss reported as of September 28, 2026.

Latest move

Labcorp case transferred to North Carolina, May 2026.

Ask about your plan

Are your voluntary products part of your ERISA plan, and does your committee review them?

Estate of Lokken v. UnitedHealth GroupRules and the market · D. Minn.An AI tool was allegedly used to deny post-acute care claims in bulk; a similar suit challenges Cigna's PxDx review system.Shows courts looking closely at how claims are reviewed, which also applies to the carriers that administer self-funded plans.Members v. UnitedHealth Group; members v. CignaToo early to tellIn discovery. UnitedHealth was ordered to produce documents on its AI review process by April 29, 2026.

Latest move

Deadline to produce AI claim review documents, April 29, 2026.

Ask about your plan

Does your administrator use automated tools to deny claims, and how are those denials reviewed?

Bokma v. Performance Food GroupTobacco surcharges · E.D. Va.No. 3:24-cv-00686A $600 employee and $300 spouse tobacco surcharge was imposed without a compliant reasonable alternative standard.The largest tobacco surcharge settlement so far, after the court refused to dismiss the case.Employees v. Performance Food GroupRaises your risk$4.7 million class settlement. Final approval and fee award reported April 22, 2026. Resolved.

Latest move

Final approval of a $4.7 million settlement, April 22, 2026.

Ask about your plan

When did someone last check your tobacco program against the HIPAA wellness rules?

Pimm v. United AirlinesVoluntary benefits · N.D. Ill.No. 1:25-cv-15581United and its consultant, Mercer, let voluntary benefits carry excessive broker commissions, and United had no process to select or monitor brokers.Names the consultant as a defendant, testing whether a broker paid from premium is acting as a fiduciary.Employees v. United Airlines and MercerRaises your riskFirst amended complaint filed April 20, 2026. No ruling on a motion to dismiss reported as of September 28, 2026.

Latest move

First amended complaint filed, April 20, 2026.

Ask about your plan

Has anyone on your committee reviewed how your broker is paid on voluntary products?

No Surprises Act arbitration awardsRules and the market · U.S. Supreme Court; 2d and 5th Cir.Whether providers can sue to collect independent dispute resolution awards, and whether plans and insurers can sue to overturn them.Affects what your plan ends up paying for out-of-network emergency and facility claims.Providers, insurers and arbitration filers such as HaloMDToo early to tellThe Supreme Court declined review on January 12, 2026, leaving rulings that awards cannot be enforced through private lawsuits. Several insurer suits against HaloMD were dismissed in 2026.

Latest move

Supreme Court declines review, January 12, 2026.

Ask about your plan

Who on your side reviews out-of-network arbitration awards your plan is asked to pay?

Source

HFMA

Knudsen v. MetLife GroupPharmacy and PBMs · D.N.J.; 3d Cir.No. 2:23-cv-00426; appeal No. 23-2420About $65 million in drug rebates from 2016 to 2021 went to MetLife rather than the plan.The first appellate ruling that rebate claims were too speculative for standing. The Lewandowski and Navarro appeals build on it.Participants v. MetLife GroupEases your riskDismissed for lack of standing in July 2023; the Third Circuit affirmed September 25, 2024. Closed.

Latest move

Third Circuit affirms dismissal, September 25, 2024.

Ask about your plan

Does your PBM contract define rebates, and do you know where they go?

Ethos Benefits updates this tracker as cases move. Rulings and filings can change quickly; check the source before relying on a status.

Key takeaways

  • Employees are suing employers under ERISA over what their health plans pay, including prescription drug prices, PBM contracts, tobacco surcharges and broker commissions on voluntary benefits.
  • The two best-known PBM cases, Lewandowski v. Johnson & Johnson and Navarro v. Wells Fargo, were dismissed for lack of standing and are now on appeal in the Third and Eighth Circuits.
  • Stern v. JPMorgan Chase went the other way on standing in March 2026, and a prohibited transaction claim over the PBM contract is still in the case.
  • Tobacco surcharge suits have produced the clearest plaintiff wins so far, including a $4.7 million settlement and an October 2026 summary judgment ruling against the employer.
  • The best defense in every category is the same, a documented fiduciary process with a committee, a reviewed PBM contract and a record of how decisions were made.

This page is updated as cases move. The tracker above shows each case’s status as of its last verified court event.

Why are employers being sued?

Employers are being sued because ERISA treats a health plan’s money as plan assets, and the people who manage those assets are fiduciaries. ERISA section 404 requires them to act prudently and solely in the interest of participants, and section 406 bars certain transactions with service providers unless an exemption applies. None of that is new. What changed is that plaintiffs’ firms that spent two decades suing over 401(k) fees have turned the same playbook on health plans.

The suits fall into four groups:

Type of suitWhat plaintiffs allegeMain legal theory
Prescription drug prices and PBM contractsThe plan paid far more than market prices for drugs, often generics, because fiduciaries accepted a PBM contract without testing itBreach of the duty of prudence; prohibited transactions with the PBM
PBM rebatesDrug rebates that should have benefited the plan went to the employerBreach of the duty of loyalty; use of plan assets
Tobacco surchargesEmployees paid a surcharge under a wellness program that did not meet federal wellness rules, such as offering and explaining a reasonable alternative standard and giving the full rewardWellness program rules under ERISA section 702; fiduciary breach for collecting the surcharge
Voluntary benefitsEmployee-paid products such as accident, critical illness and hospital indemnity carried broker commissions near 40% of premiumBreach of prudence in selecting and monitoring products and brokers; brokers as functional fiduciaries

The drug pricing cases share a pattern. Participants allege the plan steered prescriptions to a PBM-owned mail order or specialty pharmacy that charged more than retail, paid prices above what an uninsured person would pay in cash, did not push lower-cost generics, and paid PBM fees above comparable plans. The employer is the defendant because the employer, through its benefits committee, chose and monitored the PBM.

The voluntary benefits suits go a step further. They name the benefits consultants as defendants, arguing that a broker who shapes product and carrier selection, and is paid a percentage of the premium, is acting as a fiduciary and cannot be paid excessively out of plan money. The long-standing “we advise, we don’t decide” position is being tested in court for the first time in health and welfare plans. The consultants named so far include Mercer, Willis Towers Watson, Gallagher and Lockton.

The Johnson & Johnson case in detail.

Lewandowski v. Johnson & Johnson is the case that put health plan drug pricing on every employer’s radar. The complaint alleged that J&J’s plan, through its PBM arrangement, paid far more for many drugs, especially generics, than the same drugs cost at retail pharmacies, and that participants were steered to a mail order pharmacy that charged more than retail. It alleged J&J’s fiduciaries did not prudently vet the PBM contract or negotiate lower prices.

The court never reached whether J&J acted prudently. In January 2025 it found that the lead plaintiff had not shown a redressable injury: higher premiums were speculative, and her out-of-pocket drug costs would not have changed because she reached the plan’s out-of-pocket maximum through other medical expenses. A claim for failing to produce plan documents on time survived that round. The plaintiffs added a retiree and refiled, and in November 2025 the court dismissed again, finding the link between PBM pricing and what participants pay too speculative and noting that the plan gave J&J sole discretion to set contribution rates. The plaintiffs chose to appeal rather than amend.

Win or lose on appeal, the facts alleged in the complaint are the lesson. Employees can see drug prices, compare them with retail and cash prices, and ask for plan documents. A plan that cannot explain why it pays more than the pharmacy down the street has a problem whether or not a court ever hears the case.

How have courts ruled on standing?

Standing has decided most health plan cases so far. To sue in federal court, a plaintiff must show a concrete injury caused by the defendant that a court can fix.

RulingDateWhat it held
Thole v. U.S. Bank, U.S. Supreme CourtJune 1, 2020Participants in a defined benefit pension plan who receive their full fixed benefits lack standing to sue over plan mismanagement
Knudsen v. MetLife, Third CircuitSeptember 25, 2024Claimed effects of diverted drug rebates on participants’ costs were too speculative for standing
Lewandowski v. Johnson & Johnson, D.N.J.January 24, 2025 and November 26, 2025Higher premiums and contributions were speculative, and out-of-pocket costs were not redressable on the facts pleaded
Navarro v. Wells Fargo, D. Minn.March 24, 2025 and March 2026No one-to-one link between PBM pricing and participant contributions; participants received the benefits the plan promised
Cunningham v. Cornell University, U.S. Supreme CourtApril 17, 2025A prohibited transaction claim under ERISA section 406(a)(1)(C) need not plead that no exemption applies; the defendant must raise exemptions
Stern v. JPMorgan Chase, S.D.N.Y.March 9, 2026Premium theory failed, but specific out-of-pocket drug overpayments were a concrete injury; choosing how to structure the drug benefit is plan design, a settlor act

Three points follow. First, the “higher premium” theory has failed in every PBM case so far. Second, specific out-of-pocket overpayments by a participant who did not hit the out-of-pocket maximum can be enough, as Stern shows. Third, after Cunningham, prohibited transaction claims over service provider contracts are easier to plead, which is why the PBM claim in Stern survived. The Third and Eighth Circuit appeals in the J&J and Wells Fargo cases will be the first appellate word on these PBM theories.

Tobacco surcharge cases have fared differently because the injury is direct: the employee paid the surcharge. On August 26, 2026, the Departments of Labor, HHS and the Treasury said in ACA FAQs Part 74 that they will not take enforcement action against a plan that gives the reward from the point an employee meets a reasonable alternative standard, rather than back to the start of the plan year. That is an enforcement position, not a court ruling, and the Mehlberg court ruled for employees on retroactive reimbursement in October 2026.

What should employers do now?

The answer to all four kinds of suits is a documented process. Courts judge fiduciaries on how they made decisions, and the record is your evidence. The fiduciary standard explains the duties, and the Fiduciary Framework™ shows how to run a plan to them.

  1. Put a committee and charter in place. Name who the plan fiduciaries are, what they decide and how often they meet. Train them on ERISA duties, and keep minutes that show what was considered, what was decided and why.
  2. Review your PBM contract. Test pricing against market benchmarks, check how “rebate” is defined and where rebates go, confirm audit rights, and look at whether members are steered to PBM-owned pharmacies that charge more than retail. Compare what the plan pays for common generics with cash prices.
  3. Know how your advisors are paid. Ask every broker and consultant for their direct and indirect compensation, including on voluntary products, and ask where their incentives point. Arrangements should hold up to a prudence review, not only a disclosure review. See broker compensation disclosure.
  4. Check voluntary benefits. Find out whether your voluntary products are part of an ERISA plan, what commission each carries, and what share of premium goes to claims. See voluntary benefits fiduciary duty.
  5. Audit any tobacco surcharge. Confirm the program offers a reasonable alternative standard, that every plan document mentioning the surcharge says so, and how and when the reward is given back.
  6. Answer document requests on time. A late response to a participant’s request for plan documents was the one claim that survived the first round in the J&J case.
  7. Review your coverage. Check fiduciary liability insurance limits and exclusions, and negotiate indemnification terms with the PBM and other service providers.

Ethos Benefits consultants work to a fiduciary standard of care, and Ethos Benefits helps employers put this record in place through fiduciary governance, pharmacy and PBM and fiduciary insurance reviews.

Federal PBM reform will add reporting and pass-through rules for plan years beginning on or after August 3, 2028. See PBM reform for what the new law requires.

From the Ethos Benefits team

You can't run a fiduciary advising process for your clients while your own business model has inherent conflicts of interest built in.

Chelsea RyckisFounder and President, Ethos BenefitsOn The Business of Benefits, Episode 83LinkedIn

Questions employers ask about this.

What is an ERISA health plan lawsuit?

It is a suit, usually a class action, in which plan participants claim the employer or other plan fiduciaries broke ERISA duties of prudence and loyalty in running the health plan. Recent suits target prescription drug prices, PBM contracts, tobacco surcharges and broker commissions on voluntary benefits.

What was the Johnson & Johnson health plan lawsuit about?

In Lewandowski v. Johnson & Johnson, filed February 5, 2024 in federal court in New Jersey, participants alleged J&J's plan fiduciaries let the plan and its members overpay for prescription drugs through an imprudent PBM arrangement. The court dismissed the case for lack of standing, and the plaintiffs' appeal to the Third Circuit was fully briefed and awaiting decision as of October 2026.

Why have courts dismissed health plan drug pricing cases?

Most dismissals turn on Article III standing. Courts in the Johnson & Johnson and Wells Fargo cases found that participants could not show that the alleged overpayments actually raised their own premiums or costs, or that winning the case would lower them. Both dismissals are on appeal, in the Third and Eighth Circuits.

Can an employer be sued over a tobacco surcharge?

Yes. Dozens of suits allege that tobacco surcharges violated the wellness program rules and ERISA fiduciary duties, for example by not offering or explaining a reasonable alternative standard or not giving back the full reward. One case settled for $4.7 million and another produced a summary judgment ruling for employees in October 2026.

Are brokers and consultants being sued too?

Yes. Voluntary benefits suits filed since December 2025 name benefits consultants alongside employers, alleging the consultants acted as functional fiduciaries and collected excessive commissions built into employee premiums. As of late September 2026, no court had ruled on whether those consultants are fiduciaries.

What happened in the JPMorgan Chase health plan lawsuit?

In Stern v. JPMorgan Chase, filed March 13, 2025 in the Southern District of New York, participants alleged JPMorgan kept a traditional PBM pricing arrangement, including spread pricing, without considering alternatives. On March 9, 2026, the court dismissed the fiduciary breach claims as plan design decisions but found specific out-of-pocket overpayments were a concrete injury, so a prohibited transaction claim continues.

Sources

  1. 29 U.S. Code § 1104, Fiduciary duties (ERISA section 404), Legal Information Institute, Cornell Law School
  2. 29 U.S. Code § 1106, Prohibited transactions (ERISA section 406), Legal Information Institute, Cornell Law School
  3. 29 U.S. Code § 1108, Exemptions from prohibited transactions (ERISA section 408), Legal Information Institute, Cornell Law School
  4. Thole v. U.S. Bank N.A., 590 U.S. 538 (2020), Legal Information Institute, Cornell Law School
  5. Cunningham v. Cornell University (2025), Legal Information Institute, Cornell Law School
  6. FAQs About Affordable Care Act and HIPAA Implementation Part 74 (August 26, 2026), U.S. Departments of Labor, HHS and the Treasury

This article is general information for employers, not legal or tax advice. Talk with your plan's legal counsel or tax advisor about your own situation.

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