The high probability of success for plaintiff-side lawyers is generating rapid growth in employee benefits litigation.

Almost every proposed class action under the Employee Retirement Income Security Act, or ERISA, won certification last year.

And that makes it less risky for plaintiff lawyers to take these cases to court—and settle long before trial.

"Of all the areas where the plaintiff's bar is filing class actions, they're having the most success in the ERISA space," said Gerald L. Maatman, Jr. of Duane Morris in Chicago, chair of the firm's class action defense team.[...]

To read the full text of this article, please visit the Law.com site (subscription required).