Defendant contends that because plaintiff seeks to "be paid her fully vested pension," the action is subject to ERISA, 29 U.S.C. § 100 et seq. Section XV highlights specific types of ERISA litigation, including developing issues such as employer stock litigation and.In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. The most straightforward type of excessive fee cases are those that involve claims against companies, their boards, executives, and officers with the general. When the external review proved adverse to her claim, she initiated her ERISA suit in the district court. The Made Whole Doctrine Generally. The Made Whole Doctrine is an equitable defense to the subrogation or reimbursement rights of a subrogated. Giving rise to the claims asserted in the complaint occurred in Onondaga County. Section II addresses the question of standing to bring a claim against an ERISA fiduciary. ERISA also established the.