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 Email: tmoukawsher@mwlawgroup.com
Direct Dial: (860) 405-7240
A founding member of Moukawsher & Walsh, L.L.C., Mr. Moukawsher is an innovator in the field of employee benefits law. He has successfully broken new ground for clients from California to Connecticut.
Mr. Moukawsher is the Incoming Co-Chair of the American Bar Association Committee on Employee Benefits.
Mr. Moukawsher to be inducted as a Fellow in the American College of Employee Benefits Counsel.
Education
Mr. Moukawsher holds the following degrees:
| Year |
Degree |
University |
Honors |
Achievements |
| 1983 |
B.A., English |
The Citadel, The Military College of South Carolina |
magna cum laude
Phi Kappa Phi
|
Editor, The Citadel Review |
| 1986 |
J.D. |
The University of Connecticut School of Law |
cum laude
Moot Court Finalist
|
Editor, The Connecticut Law Review |
Admissions
Admission Date |
Court |
11/14/1986 |
All Connecticut Courts |
9/16/1991 |
The U.S. District Court for the District of Connecticut |
12/20/1993 |
The U.S. Court of Appeals for the Second Circuit |
10/28/1996 |
The U.S. District Court for the District of Arizona |
4/16/1998 |
The U.S. Court of Appeals for the Ninth Circuit |
10/12/1999 |
The U.S. Supreme Court |
11/14/2000 |
The U.S. Court of Appeals for the Third Circuit |
11/14/2003 |
The U.S. Court of Appeals for the Seventh Circuit |
5/23/2006 |
The U.S. District Court for the Northern District of New York |
5/9/2007 |
The U.S. District Court for the Southern District of New York |
7/10/2007 |
The U.S. Court of Appeals for the First Circuit |
Representative Cases
Mr. Moukawsher represented plaintiffs in the following noteworthy pension and benefits lawsuits:
Representative ERISA cases |
Case Caption / Cite |
Court |
Description |
Briere v. Emergi-Lite, Inc., No. 398CV01558 (SRU); Briere v. Moore, No. 398CV00983 (WWE) |
U.S. District Court, District of Connecticut |
ERISA breach of fiduciary duty claim settled by agreement for the return of over $3 million of admittedly stolen pension funds, interest, expenses and all attorneys' fees. Reported on CBS and ABC Evening News, Money magazine cover story, and several features on television in Japan where 401k's were being examined for the first time. |
Adamczyk v. Lever Bros., 991 F. Supp. 931(N.D. Ill. 1997) |
U.S. District Court, Northern District of Illinois at Chicago |
Claim of breach of ERISA fiduciary duty related to alleged misrepresentations involving severance package. Resolved by agreement on behalf of all plaintiffs. The case resulted in the first published opinions on several important questions related to this species of breach of fiduciary duty claim in the Illinois district courts and the Seventh Circuit generally. |
Mullins v. Pfizer, 23 F.3d 663 (2d Cir. 1994) |
Second Circuit Court of Appeals |
The Second Circuit in this ERISA disclosure duty case overturned a district court decision, becoming one of the first courts in the nation to recognize that employer/fiduciaries can be held liable for failing to disclose information in response to questions about benefit enhancements considered but not yet adopted. |
Mullins v. Pfizer, 147 F. Supp. 2d 95 (D.Conn. 2001) |
U.S. District Court, District of Connecticut |
In 2001, this case (previous history above) ended following a trial and a bench decision in favor of the plaintiff. |
Bins v. Exxon, 220 F.3d 1042 (9th Cir. 2000)(en banc) |
Ninth Circuit Court of Appeals |
This case was the first case in which the Ninth Circuit Court of Appeals, via eleven judge en banc panel, recognized a breach of fiduciary duty claim similar to the one at issue in Mullins. The decisions in the case were reported in media across the country; the en banc argument was broadcast on C-SPAN. During 2001, the Bins case was among the topics at ERISA litigation conferences, including the American Bar Association's June 2001 "ERISA Basics" conference. |
Hudson v. General Dynamics, 118 F. Supp. 2d 226 (D.Conn. Oct. 16, 2000). |
U.S. District Court, District of Connecticut |
This case involved 89 plaintiffs. It was the nation's first reported recovery by plaintiffs who claimed they were misled concerning pending retirement plan changes prior to the onset of "serious consideration." |
Caputo v. Pfizer, Inc., 26 F.3d 181 (2d Cir. 2001) |
Second Circuit Court of Appeals |
A case involving alleged ERISA disclosure violations. The plaintiffs' successful appeal in this case resulted in an important Second Circuit ruling on the ERISA statute of limitations and the so-called "serious consideration" test. In the decision, the Court of Appeals rejected the views of the majority of other circuits and, at the plaintiffs' urging, took an expansive view of the statute of limitations and reinforced the Court's prior rejection of the "serious consideration" test. |
Mathews v. Chevron Corp., 362 F.3d 1172 (9th Cir., 2004) |
Ninth Circuit Court of Appeals |
A case involving the scope of "appropriate equitable relief" under ERISA. Mathews reversed a strong trend in the Ninth Circuit of narrow views of equitable remedies in ERISA cases. |
Broga v. Northeast Utilities, 315 F. Supp. 2d 212 (D.Conn. 2004). |
U.S. District Court, District of Connecticut |
After an eight-year legal battle and a two-week trial a court entered a multi-million judgment for benefits against Northeast Utilities for 30 retirees. |
Parry v. SBC, 363 F. Supp. 2d 275 (D.Conn. 2005). |
U.S. District Court, District of Connecticut |
The plaintiffs in this case alleged the defendants were shortchanging their pensions by misinterpreting plan documents. Resulted in a summary judgment worth over $3 million in benefits in favor of Cingular workers. |
Thompson v. Linvatec Corp., 2007 U.S. Dist. LEXIS 37711 (N.D.N.Y. May 22, 2007). |
U.S. District Court, Northern District of New York |
A class was certified on behalf of a medical equipment sales force claiming a right to severance benefits. Defendants were denied summary judgment. Plaintiffs' motion for summary judgment is pending. |
Amara v. CIGNA, 2008 U.S. Dist. LEXIS 11378 (February 15, 2008 D. Conn.). |
U.S. District Court, District of Connecticut |
Co-counsel to the 26,000-member class that won a favorable ruling after trial on cash balance disclosure issues. The case is on appeal. The Court ordered defendants to post a $40 million bond. |
Richards v. FleetBoston, No. 3:04CV1638 (JCH)(D. Conn.) |
U.S. District Court, District of Connecticut |
In October 2008, the Court approved a settlement in this 23,000-member class action. The parties estimated the settlement was worth $83.4 million. |
Professional Affiliations
Mr. Moukawsher is a member of the American Bar Association, and Connecticut Bar Association. He is a former member of the Oliver Ellsworth Inn of Court, Connecticut. He has also held the following positions in organizations representing the legal profession:
Bar Association |
Committee |
Title |
Duration |
American Bar Association |
American Bar Association Section on Labor and Employment Law: Employee Benefits Committee: Fiduciary Responsibility Subcommittee |
Member |
2003-2004 |
American Bar Association |
American Bar Association Section on Labor and Employment Law: Employee Benefits Committee: Benefits Claims Subcommittee |
Co-Chair |
2005-present |
American Bar Association |
American Bar Association Section on Labor and Employment Law: Employee Benefits Committee: Programming Subcommittee |
Co-Chair |
2008 |
Publications
Mr. Moukawsher has contributed to the following publications:
Employee Benefits Law Treatise |
Year |
Title |
Description |
Publication |
2003 |
Co-Author |
Contributing author, Chapter 10. Fiduciary Responsibility |
Employee Benefits Law, Second Edition, 2003 Cumulative Supplement |
2004 |
Rewrite Author |
Rewrite author, Chapter 10,
Fiduciary Responsibility,
Fiduciary misrepresentations. |
Employee Benefits Law, Second Edition, 2004 Cumulative Supplement. |
2005 |
Rewrite Author |
Chapter Editor of Chapter 10, Fiduciary Responsibility,
Fiduciary misrepresentations. |
Employee Benefits Law, Second Edition, 2005 Cumulative Supplement. |
2005 |
Chapter Editor |
Chapter Editor of Chapter 13, Benefit Claims and Individual Rights. |
Employee Benefits Law, Second Edition, 2005 Cumulative Supplement. |
2006 |
Chapter Editor |
Chapter Editor of Chapter 13, Benefit Claims and Individual Rights. |
Employee Benefits Law, Second Edition, 2006 Cumulative Supplement. |
2007 |
Chapter Editor |
Chapter-Editor of Chapter 13, Benefit Claims and Individual Rights. |
Employee Benefits Law, Second Edition, 2007 Cumulative Supplement. |
2008 |
Chapter Editor |
Chapter-Editor of Chapter 13. Benefit Claims. |
Employee Benefits Law, Second Edition, 2008 Cumulative Supplement. |
Other Benefits-Related Publications |
Year |
Title |
Description |
Publication |
2001 |
Co-Author |
"New Ways to Force Insurance Companies to Play by the Rules." |
American Journal of Chiropractic. |
2002 |
Co-Author |
"New Regulations Governing ERISA and Benefit Claims." |
Connecticut Lawyer, Volume 12/ Number 5. |
2004 |
Co-Author |
"Supreme Court Gives Treating Physicians a Demotion." |
Connecticut Lawyer, Volume 14/ Number 5. |
2004 |
Author |
"The Case for a Patient's Bill of Rights." |
The Hartford Courant, July 4, 2004. |
2005 |
Co-Author |
"Fiduciary Liability for Misrepresentations." |
Journal of Pension Planning & Compliance, Volume 31, Number 1. |
2006 |
Author |
"Fiduciary Liability for Misrepresentations and Nondisclosures in the Age of Corporate Downsizing." |
The Brief, American Bar Association, Tort Trial & Insurance Practice Section, Vol. 35, No 3. |
2007 |
Author |
"Age Discrimination or Merely the Time Value of Money?" |
American Bar Association Labor and Employment Law Newsletter, Volume 35, Number 2. |
2007 |
Author |
"The U.S. Supreme Court Throws Insurers a Lifeline." |
Connecticut Lawyer,
Volume 17/ Number 5. |
Presentations
Mr. Moukawsher has spoken at the following events:
Year |
Host or Event |
Topic |
2001 |
American Bar Association National Institute, "ERISA Basics." |
Bins v. Exxon, 220 F.3d 1042 (9th Cir. 2000)(en banc) |
2004 |
Connecticut Bar Association: "The Basics and Beyond: Current Issues in ERISA and Employee Benefits." |
Fiduciary Liability for Misrepresentations and Non-Disclosures. |
2005 |
American Bar Association, National Institute, "ERISA Litigation." |
ERISA Civil Procedure and Remedies. |
2005 |
American Bar Association, Tort Trial Insurance Practice Annual Committee CLE Mid-Winter Meeting. |
Fiduciary Liability for Misrepresentations and Non-Disclosures. |
2006 |
Georgetown University Law Center. |
Fall 2006, ERISA Symposium,
Guest lecture on plaintiffs ERISA practice. |
2006 |
American Bar Association Annual Meeting, Honolulu, Hawaii. |
Year in Review: The Top Ten Cases & Issues: Cash Balance Plans. |
2006 |
American Bar Association National Institute, "ERISA Litigation." |
Subrogation, Reimbursement and Other Remedies; Cash Balance Litigation. |
2006 |
American Bar Association, Joint Committee on Employee Benefits Tele- conference. |
"Duty to Disclose: A New Frontier in Fiduciary Responsibility." |
2007 |
Georgetown University Law Center |
Fall 2007, Avoiding and Managing ERISA Litigation - Guest lecture on plaintiffs ERISA practice. |
2007 |
American Bar Association National Institute, "ERISA Litigation." |
Benefit Claims Litigation: Claims Review and Exhaustion; Other Remedies. |
2007 |
West Legalworks, 20th Annual ERISA Litigation Conference October 2007, New York City, New York. |
Fiduciary Misrepresentation/Cash Balance Plans. |
2008 |
West Legalworks, 20th Annual ERISA Litigation Conference February 2008, Orlando, Florida. |
Fiduciary Misrepresentation/Cash Balance Plans. |
2008 |
Georgetown University Law Center. |
Fall 2008, Avoiding and Managing ERISA Litigation - Guest lecture on plaintiffs ERISA practice. |
2008 |
West Legalworks, 21st Annual ERISA Litigation Conference October 2008, Las Vegas, Nevada. |
Misrepresentation and other Claims for Benefits. |
2008 |
American Bar Association National Institute ERISA Litigation. |
Other Remedies for Plaintiff; Fiduciary Breach Litigation. |
2008 |
West Legalworks, 21st Annual ERISA Litigation Conference November 2008, New York City, New York. |
Fiduciary Misrepresentation/Cash Balance Plans. |
2008 |
American Bar Association Section of Labor & Employment Law Employee Benefits Committee Mid-Winter Meeting. |
The Standard and Scope of Review: What's Next for the Supreme Court? |
2008 |
American Bar Association Section of Labor & Employment Law 2nd Annual CLE Conference. |
Benefit Claims: A Primer on Claims Procedures and Benefit Claims Litigation. |
2008 |
American Bar Association Joint Committee on Employee Benefits TeleConference. |
Coping with Benefit Cutbacks: 204(h) Notice Requirements from a Regulatory and Litigation Perspective. |
2008 |
Pension Rights Center, Pension Counseling Seminar, Washington D.C. |
Remedying Reliance on Incorrect Benefit Statements: Fiduciary Breach and Estoppel. |
2009 |
West Legalworks, 21st Annual ERISA Litigation Conference February 2009, Orlando, Florida. |
Fiduciary Misrepresentation/Cash Balance Plans. |
2009 |
American Bar Association Section of Labor & Employment Law Employee Benefits Committee Mid-Winter Meeting. |
"What's Next After Metlife v. Glenn?" |
2009 |
American Bar Association National Institute, "ERISA Basics." |
Remedies/ ERISA Preemption. |
2009 |
Pension Rights Center, Pension Counseling Seminar, Washington DC. |
Recent developments in ERISA law/administrative claims process. |
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