Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers.
Facts: This case (Zavislak v. Netflix, Inc – United States District Court – Northern District of California – January 31, 2024) involves a claim under Employee Retirement Income Security Act of 1974 (ERISA). The plaintiff, Mark Zavislak, the beneficiary of the defendant’s health benefit plan, alleges that he did not receive all of health and welfare plan documents requested, which he alleges is a violation of Section 104 or ERISA. To assist in their case Netflix hired ERISA Expert Witness Marcia S. Wagner to provide expert witness testimony. The plaintiff filed a motion to exclude this expert from testifying.