Caroline Turner English
As a partner in the Litigation Department, Caroline Turner English focuses her practice on commercial litigation, with substantial experience in class action litigation and complex multiparty disputes. She has appeared before state and federal courts nationwide in both trial and appellate matters, and has tried both jury and non-jury cases. Caroline’s practice is composed primarily of litigation in the ERISA and bankruptcy fields, along with commercial contract and tort litigation.
Caroline has a robust litigation practice that is primarily concentrated in ERISA. She litigates traditional ERISA fiduciary and benefits cases, as well as managed care disputes. She handles administrative appeals and litigation with respect to both pension plans and health and welfare plans. Caroline represents a variety of parties including major employers, fiduciaries, and medical service providers. Cases that she has handled involving pension plans range from defending challenges to cash balance plans to “stock drop” cases and other claims for breach of fiduciary duty with respect to 401(k) plans and ESOPs. Caroline’s work has also extended to include DOL investigations and handling inquiries from the IRS. With respect to managed care litigation and health and welfare benefits, Caroline provides advice and counseling as well as litigation services with respect to commercial payer disputes and a myriad of issues that arise for plans and providers under ERISA, COBRA, FEHB, ACA, and various state laws. Finally, Caroline has significant experience with issues arising under the Medicare Secondary Payer Act.
Additionally, Caroline has unique experience in the overlap of benefits issues with bankruptcy law and in bankruptcy litigation generally. Her work in the bankruptcy area has included, most notably, the representation of the Official Committee of Retired Employees in the Kodak bankruptcy, the representation of a group of auto dealerships in the Chrysler bankruptcy, and the representation of an indenture trustee and majority bondholder in the United Air Lines bankruptcy. She frequently handles ERISA cases and benefits issues that arise where the employer-sponsor of the ERISA Plan is a debtor in bankruptcy proceedings. Additionally, she has litigated numerous adversary proceedings in bankruptcy court, and has represented debtors, creditors, and official committees of unsecured creditors with respect to issues such as challenges to pre-petition liens, preference actions, executory contract rejection, assumption, and assignment, asset sales, and challenges to debtor-in-possession financing.
Caroline’s experience has covered a large variety of clientele and substantive areas of the law in addition to those described above. She has represented both large and small businesses, as well as individuals. Other issues litigated by Caroline have included business torts, civil RICO and fraud claims, trademark and copyright infringement, government contracts, and commercial breach of contract claims. She has also represented clients in white collar criminal investigations and proceedings.
Finally, Caroline has represented indigent clients and nonprofit entities in a plethora of cases she has handled pro bono, including two death penalty cases.
The following is a representative list of several reported cases that Caroline has worked on:
Gearren v. The McGraw-Hill Companies, Inc., 660 F.3d 605 (2d Cir. 2011) (amicus brief)
Walker v. Monsanto Co. Pension Plan, 614 F.3d 415 (7th Cir. 2010), cert. denied, 131 S.Ct. 1678 (2011)
Bunch v. W. R. Grace & Co., 555 F.3d 1 (1st Cir. 2009)
Evans v. Akers, 534 F.3d 65 (1st Cir. 2008)
In re Mutual Funds Investment Litigation, 529 F.3d 207 (4th Cir. 2008) (amicus brief)
Seabulk Offshore, Ltd. v. American Home Assur. Co., 377 F.3d 408 (4th Cir. 2004)
Scandinavian Satellite Sys., AS v. Prime TV Ltd., 291 F.3d 839 (D.C. Cir. 2002)
Farkas v. National Union Fire Ins. Co. of Pittsburgh, PA, 861 F.Supp. 2d 716 (E.D. Va. 2012), aff’d, __ Fed. Appx. __, 2013 WL 1459248 (4th Cir. Apr. 11, 2013)
Mugnai v. Kirk Corp., 843 F. Supp. 2d 858 (N.D. Ill. 2012)
Walker v. Monsanto Co. Pension Plan, 636 F.Supp.2d 785 (S.D. Ill. 2009)
Walker v. Monsanto Co. Pension Plan, 636 F.Supp.2d 774 (S.D. Ill. 2009)
Walker v. Monsanto Co. Pension Plan, 252 F.R.D. 450 (S.D. Ill. 2008)
Bunch v. W. R. Grace & Co., 532 F. Supp. 2d 283 (D. Mass. 2008)
Evans v. Akers, 466 F. Supp. 2d 371 (D. Mass. 2006)
Walker v. Monsanto Co. Pension Plan, 472 F. Supp. 2d 1053 (S.D. Ill. 2006)
Shook v. District of Columbia Financial Responsibility and Management Assistance Authority, 964 F. Supp. 416 (D.D.C. 1997)
In re First Republic Group Realty, LLC, 421 B.R. 659 (Bankr. S.D.N.Y. 2009)
In re Old Carco LLC, 406 B.R. 180 (Bankr. S.D.N.Y. 2009)
In re Chrysler LLC, 405 B.R. 84 (Bankr. S.D.N.Y. 2009)
In re UAL Corp., 346 B.R. 456 (Bankr. N.D. Ill. 2006)
Hyde v. State, 950 So. 2d 344 (Ala. Crim. App. 2006)
Hyde v. State, 894 So. 2d 808 (Ala. Crim. App. 2004)
Caroline has served as an adjunct professor teaching legal writing at George Washington University.
Publications, Presentations and Recognitions
In 2012, Caroline joined a panel of seasoned legal speakers addressing ERISA litigation for the American Conference Institute in New York. The session was titled “ERISA’s Enforcement Scheme: The Procedural Nuances, Available Remedies, and Proper Parties Under 502(a).” Caroline has spoken on ERISA topics, including fiduciary liability issues, statutory penalties, and ethical issues, at numerous conferences prior to this as well.
In August 2011, Caroline’s article titled “The Supreme Court’s Cigna v. Amara Decision: Surprises and Curiosities” was published in the BNA Tax Management Compensation Planning Journal.
In 2004, Caroline was awarded the Albert E. Arent Pro Bono Award for Outstanding Contributions to the Public Interest in recognition of her long-standing commitment to pro bono work.
During law school, Caroline was a member of the George Washington Law Review, and her article on mediator immunity was published in the DC Circuit Review and subsequently cited in State v. Second Judicial District Court ex. rel. County of Washoe, 55 P.3d 420 (Nev. 2002).