Kimberly A. Jones

Partner

About

Kimberly A. Jones represents plan sponsors, plans, fiduciaries, claim administrators, and insurance companies in a variety of ERISA litigation, including: benefit claim denials involving disability, life, health, retiree benefits, pension, and severance claims, breach of fiduciary duty claims, and ERISA Section 510 claims.

Kim has defended plan fiduciaries in fiduciary breach claims alleging failure to monitor and investigate service providers and prohibited transactions. She has also defended several large companies in class actions and individual claims alleging an improper reduction or denial of retiree health benefits.

In addition to her litigation work, Kim provides counseling to clients on benefit claim administration, fiduciary governance, and benefit plan design.

Experience

  • Achieved summary judgment for the subsidiary of a large manufacturing and engineering company in connection with the denial of a retiree medical benefit under ERISA.
  • Achieved summary judgment for large food and beverage company in purported class action alleging improper reduction of retiree medical benefits.
  • Achieved summary judgment for numerous life, health disability, severance, and pension claim administrators and insurers in lawsuits alleging improper denials of benefit claims and breaches of fiduciary duty brought by plan participants and beneficiaries.
  • Obtained appellate court victory for large, multinational electronics company in class action lawsuit alleging improper reduction of retiree medical benefits.
  • Obtained numerous dismissals of duplicative fiduciary breach claims brought by plan participants against disability insurers and administrators in lawsuits involving the denial of ERISA disability claims.
  • Took and defended depositions in lawsuits involving employee benefit claim denials and breaches of fiduciary duty.
  • Counseled plan sponsors, plan administrators, and fiduciaries on fiduciary governance, plan design and claim review procedures.
  • Achieved summary judgment for a large multiemployer employee health and welfare trust fund in an ERISA fiduciary breach claim against a vision services provider that had improperly withheld more than $400,000 in fund assets.
  • Achieved several dismissals of benefit claim denial lawsuits as untimely under contractual or statutory limitation periods.
  • Represented life insurance companies and self-funded plans in interpleader matters involving competing claims for death benefits.
  • Defended clients in discovery disputes, including briefing and oral argument on motions to compel.
  • Defended large insurer in breach of contract and bad faith claims.
  • 2019 Mid-Winter Meeting of the American Bar Association’s Employee Benefits Committee – “Benefit Claims: Alternatives to Litigation,” Nashville, February 8, 2019
  • Association of Corporate Counsel – “Making the Tough Call: Real World Ethical Dilemmas for In-House Counsel,” Chicago, August 29 and 30, 2017
  • 2014 Mid-Winter Meeting of the American Bar Association's Employee Benefits Committee – “Update on Ethical Issues,” New Orleans, February 07, 2014
  • 2012 Mid-Winter Meeting of the American Bar Association's Employee Benefits Committee – “Update on Ethical Issues,” San Diego, February 17, 2012
  • 2011 Mid-Winter Meeting of the American Bar Association's Employee Benefits Committee – “Update on Ethical Issues,” Savannah, February 18, 2011
  • 4th Annual American Bar Association Section of Labor and Employment Law Conference – “Anatomy of an Employee Benefits Claim,” Chicago, November 05, 2010
  • American Bar Association's ERISA Basics Conference – “Employment Discrimination and ERISA Section 510,” Chicago, May 21, 2010

  • Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 4th Edition Cumulative Supplement, Chapter 13: Benefit Claims (Winter 2018)
  • Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 4th Edition Cumulative Supplement, Chapter 13: Benefit Claims (Spring 2018)
  • Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 4th Edition Cumulative Supplement, Chapter 13: Benefit Claims (February 2018)
  • Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 3rd Edition Cumulative Supplement, Chapter 20: Ethics, Privilege, and Related Concerns Unique to the Practice of Benefits Law (Fall 2014)
  • Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 3rd Edition Cumulative Supplement, Chapter 20: Ethics, Privilege, and Related Concerns Unique to the Practice of Benefits Law (Fall 2013)
  • Author, “Circuit Round Up,” ABA Section of Labor and Employment Law - Employee Benefits Committee Newsletter (Fall 2013)
  • Co-Author, For the Defense, “Social Security Disability Decisions: Should Disability Insurers Be Concerned?” (October 2012)

Credentials

Bar Admissions

  • Illinois

Education

  • Chicago-Kent College of Law, J.D., 2007, cum laude, CALI Excellence Award for Legal Writing II, Legal Writing IV, Property, Employment Discrimination and Workers’ Compensation
  • University of Florida, B.S., 1999, summa cum laude

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • Illinois Supreme Court
  • U.S. Bankruptcy Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Illinois, Trial Bar
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of New York
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Western District of Wisconsin

Organizations

  • American Bar Association, Labor and Employment Section: Employee Benefits Committee; Co-Chair of Benefit Claims Subcommittee
  • DRI Life Health and Disability Committee, Vice Chair of Disability Subcommittee
  • Chicago Bar Association, Employee Benefits Section; Young Lawyers Section
  • Federal Bar Association