DiCarlo Law Firm


Representative Cases


The following is a representative list of various judicial opinions from cases in which Patrick DiCarlo has represented plans and fiduciaries in federal courts over the past 25 years:

  • Cinotto v. Delta Air Lines, Inc., 674 F.3d 1285 (11th Cir. 2012) – class action claim that amendment to pension plan freezing benefit accruals was ineffective

  • White v. Hilton Hotels Retirement Plan, 263 F.Supp.3d 8 (D.D.C. 2017) – class action alleging benefits improperly backloaded, vesting improperly determined, and challenging compliance with prior remedial orders

  • Acosta v. Zander Group Holdings, Inc., 2018 Employee Benefits Cas. 325,587 (E.D.Tenn. 2018) – ongoing case by DOL alleging fiduciary breaches and prohibited transactions in connection with acquisition of employer stock by ESOP

  • Prezioso v. Prudential, 748 F.3d 797 (8th Cir. 2014) – federal court of appeals held that delay in completing disability investigation did not change the legal standard of review, and the administrator did not abuse its discretion in denying the claim

  • Gayle v. UPS, 401 F.3d 222 (4th Cir. 2005) – court of appeals addressed whether a plaintiff can pursue an ERISA action after missing mandatory administrative deadlines

  • Chendes v. Xerox HR Solutions, LLC, 2017 WL 4698970 (E.D.Mich. 2017) – court granted motion to dismiss claims that third-party administrator was liable for fiduciary breach and prohibited transactions in connection with fee sharing agreement

  • Cosey v. Prudential, 735 F.3d 161 (4th Cir. 2012) – participant not required to provide objective proof of disability;

  • Casselman v. Aflac, 143 Fed.Appx. 507, 2005 WL 1492208, 35 Employee Benefits Cas. 1233 (4th Cir. 2005) – court addressed question of whether an individual insurance policy offered through a cafeteria plan is subject to ERISA;

  • Ervast v. Flexible Products Co., 346 F.3d 1007 (11th Cir. 2003) – dispute over a duty to disclose merger discussions to an ESOP participant who cashed out his stock shortly before his former employer was purchased for a higher price;

  • Young v. Prudential Ins. Co. of America, 671 F.3d 1213 (11th Cir. 2012) – court addressed appealability of allegedly final order in a disability case

  • Scibelli v. Prudential Ins. Co. of America, 666 F.3d 32 (1st Cir. 2012) – court addressed impact of missing medical records in disability case brought by estate of deceased participant;

  • White v. Coca-Cola Co., 542 F.3d 848, 853 (2008) – served as counsel to the benefits committee in dispute over offset against disability benefit calculation; 

  • BioHealth Medical Laboratory, Inc. v. Cigna Health, 706 Fed.Appx. 521, 2017 Employee Benefits Cas. 282,904 (11th Cir. 2017) – dispute over reimbursement rates for medical claims;

  • Goertz v. Prudential Ins. Co. of America, 746 F.Supp.2d 1212 (2010) – court addressed equitable tolling of limitation period to bring ERISA suit;

  • Marrs v. Prudential Ins. Co. of America, 444 Fed.Appx. 75, 52 Employee Benefits Cas. 2282 (5th Cir. 2011) – court of appeals found that failure to consider or discuss certain evidence of disability was not abuse of discretion because none of omitted facts were relevant to benefits eligibility determination; 

  • Waeltz v. Delta Pilots Retirement Plan, 137 F.Supp.2d 1091 (S.D.Ill. 2001) – class action alleging pension plan amendment constituted improper cutback of pension benefits;

  • McFadden v. Prudential Ins. Co. of America, 520 Fed.Appx. 284 (2013), 56 Employee Benefits Cas. 2414 (5th Cir. 2013) – court affirmed denial of disability benefits;

  • Central States, Southeast and Southwest Areas Pension, 795 F.Supp.2d 740 (N.D.Ill. 2011) – multi-employer plan dispute over delinquent contributions