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ARTICLE · 28 OCTOBER 2019

ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge

Ogletree, Deakins, Nash, Smoak & Stewart
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Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees

United StatesEmployment and HR
Mark Schmidtke
Mark Schmidtke
Madeline Chimento Rea
Madeline Chimento Rea
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Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a putative class action in the U.S. District Court for the Middle District of North Carolina under the Employee Retirement Income Security Act of 1974 (ERISA). The employees alleged that the defendants wrongfully treated Atrium Health's employee benefit plans as ERISA-exempt governmental plans and thus failed to comply with ERISA. The defendants filed motions to dismiss the ERISA claims for failure to state a claim and for lack of subject matter jurisdiction under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure.

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