Ira R. Mitzner is a partner with Dickstein Shapiro and is head of the firm's practice focusing on employee benefit litigation. Mr. Mitzner has litigated a variety of legal cases in federal courts across the United States for almost 35 years, and is most widely known for his litigation work under the Employment Retirement Income Security Act (ERISA).
Mr. Mitzner has been active in ERISA litigation since the statute was enacted in 1974. He has been involved in significant and complex ERISA litigation, including Daniel v. IBT, the first case involving ERISA issues to go to the U.S. Supreme Court. When that case was in the District Court, he successfully defeated an effort to certify one of the largest class actions at the time. In withdrawal liability litigation, he prevailed in Joyce v. Sandoz, which established the rule governing the statute of limitations that has been adopted by the U.S. Supreme Court. He is the principal author of ERISA Litigation: A Basic Guide (International Foundation of Employee Benefit Plans, 1993), and has served as an "expert witness" on ERISA matters at trial and in criminal proceedings.
Mr. Mitzner has a unique background in complex ERISA litigation. He has been involved in litigation against the U.S. Secretary of Labor and U.S. Secretary of the Treasury on a number of occasions, and is experienced in insurance and bankruptcy cases that involve ERISA issues. He successfully represented trustees in cases brought against them for breach of fiduciary duty, including issues relating to fiduciary liability insurance. He also has represented pension and health funds, as plaintiffs, in complex litigation against money managers, brokers, actuaries, custodians, and other service providers.
