Schlichter Bogard Files Pioneering Lawsuits Targeting Fiduciary Misconduct
Schlichter Bogard, the firm that secured more than $750 million in settlements in 401(k)/403(b) fee cases, has now turned its sights on healthcare. On 12/23/2025 they filed a new wave of ERISA lawsuits targeting voluntary benefit programs, alleging that employers and large consulting/broker firms (Mercer, Gallagher, Lockton, WTW) breached fiduciary duties by steering workers into high-cost, low-value voluntary benefits with excessive premiums and conflicted compensation arrangements. These cases argue that, where ERISA applies, sponsors and advisors must treat voluntary benefits with the same fiduciary rigor and transparency as retirement plans, especially around fees, commissions, and adherence to the ERISA voluntary-plan safe harbor.
https://www.napa-net.org/news/2025/12/schlichter-bogard-unleashes-a-new-erisa-suit-genre/
State Financial Officers Call on Fortune 500 to Review Healthcare Costs with Transparency Data
State financial officers from 16 states are urging Fortune 500 companies to use newly available federal price-transparency and claims data to audit their health plan spending, renegotiate contracts, and identify waste, warning that failing to do so could pose legal and financial risks. President Trump’s transparency rules now give employers a clear view of actual healthcare prices, creating both a fiduciary obligation and an opportunity to capture significant savings for companies, workers, and taxpayers.
Tiara Yachts v. Blue Cross Blue Shield of Michigan
Tiara Yachts alleges that Blue Cross Blue Shield of Michigan breached its ERISA fiduciary duties by mishandling assets in Tiara’s self‑funded health plan, contributing to higher/wasted medical spend. A motion to dismiss the case was denied, allowing the lawsuit to proceed. One key aspect of this case alleges that BCBS Michigan used "flip logic" in its claims payment processes to intentionally pay certain claims as out-of-network, at higher rates, when the providers were in fact in-network. BCBS Michigan then enrolled Tiara Yachts in a “Shared Savings Program,” where BCBS would later “correct” these overpayments and keep a percentage of the recovered amounts—effectively profiting from overpayments its own flip logic created.
https://www.polsinelli.com/publications/sixth-circuit-erisa-tpa-fiduciary-ruling
Owens & Minor, Inc. v. Anthem Blue Cross Blue Sheild (Elevance)
Owens & Minor, a self‑funded plan sponsor, is suing Anthem BCBS alleging Anthem withheld claims data for nearly two years and then used plan assets to enrich itself and affiliates by overpaying claims, securing provider kickbacks, double‑paying, and keeping rebates. The suit claims Anthem’s lack of transparency—especially around its BlueCard program and alleged hidden fees—prevented Owens from fulfilling its own ERISA fiduciary duties and seeks to recover the plan’s losses and claw back Anthem’s “ill‑gotten” gains.