Envirosolve, LLC v Epeo Link, Inc.
Epeo Link Sued for $20M for ERISA Violations
A class action lawsuit has been filed in the Northern District Court of Oklahoma against Epeo Link, Inc. for violations of the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. Class members seek a declaratory judgment that they are entitled to relief under ERISA, money damages, injunctive relief, punitive damages, attorney's fees and costs of the litigation.
Specifically, the complaint alleges that the action is for losses and damages to an employee benefit plan based on breaches of fiduciary duty owed to the plan for restitution and other relief to participants and beneficiaries for breaches of fiduciary duty, for the appointment of a new trustee for the plan, for injunctive relief, for certain state-law based claims.
More specifically, the complaint alleges the\at the plan is a multiple employer arrangement known as Epeolink, Inc. Group Accident and Health ERISA Medical Care Plan and the Epeolink Employee Welfare Benefit Trust, that no independent actuary was consulted for the purpose of developing a rate structure for the plan's monthly premiums, and that the company mismanaged the plan resulting in the non payment of claims and other damages.
The complaint addresses two proposed classes.
Proposed Class One: The first proposed class is comprised of all participants who obtained medical and/or health related benefits offered by Epeo and who have unpaid claims incurred from April 21, 2001 to December 31, 2003 which should have been paid by Epeo.
Proposed Class Two: The second proposed class is comprised of all employers similarly situated to the Envirosolve Entities who suffered damages resulting from violations of common and statutory law.
