CClaimWatch
In litigation — no settlement yetemployment

Capital One ERISA Class Action

Last verified October 2, 2026Source: courtlistener-litigationHow ClaimWatch verifies cases

Still being litigated: the claims below are allegations, not findings, and there is no settlement, claim form or payout yet.

Where this case stands

In litigation

The case has been filed and is being fought in court. There is no settlement, no claim form and no payout yet; many class actions are dismissed or never certified.

Pending in the District Court, S.D. New York (No. 1:24-cv-08538).

  1. November 11, 2024
    Case filed

What happened

A proposed class action was filed against Capital One Financial Corporation, apparently alleging violations of the Employee Retirement Income Security Act (ERISA) in connection with an employee retirement or benefit plan. The specific allegations are not detailed in the provided docket text, but the nature of suit is Labor: E.R.I.S.A. Later docket entries indicate the case reached a settlement and attorneys' fees were awarded.

Do you qualify?

No settlement exists yet, so there is nothing to file and no class definition to check. If the case settles, the settlement will define exactly who qualifies — watch this case and we'll let you know.

How to file

There is no claim to file yet. If this case reaches a settlement, a claim process will open — usually with an official settlement website and a filing deadline.

Common questions

Can I file a claim in the Capital One ERISA Class Action case?
No. The case is still being litigated — there is no settlement, no claim form, and no payout. It was filed November 11, 2024 in the District Court, S.D. New York (No. 1:24-cv-08538).What a class action lawsuit is →
Who are the attorneys in the Capital One ERISA Class Action?
For the plaintiffs: Peter A Muhic (Muhic Law LLC); James A. Maro , Jr. (Capozzi Adler, P.C.); Mark K. Gyandoh (Capozzi Adler). For Capital One Financial Corporation: Tyler James Hill (Morgan, Lewis & Bockius LLP); Gina Farinella McGuire (Morgan, Lewis & Bockius LLP); Jeremy Paul Blumenfeld (Morgan, Lewis & Bockius LLP). From the public court docket.

Who's involved

Plaintiffs

  • Michael Sutton
  • Nija Winter
  • Patrice Johnson
  • Claire Moore
  • Adrian Barrera, Jr.
  • Raul Morales
  • Joshua Allen
  • Gwen DeJesus

+ 1 more

Defendants

  • John Does 1-30
  • Capital One Financial Corporation Investment Committee
  • Board of Directors of Capital One Financial Corporation
  • Capital One Financial Corporation

Counsel for plaintiffs

Counsel for defendants

Other cases these firms appear in

From the public court docket, contact details as filed; not an endorsement.

Guides:What is a class action lawsuit?How class membership worksYour options as a class member

Summarised from public settlement documents; confirm terms on the official settlement website. ClaimWatch is not a law firm, and filing a claim is free.

More employment settlements

View all →
January 11, 2028No proof neededemployment

TBJ Drywall & Taping Wage Settlement

Amount varies by worker; see mailed/emailed notice for individual amount

Deadline TBDemployment

PacBell Employment Practices Settlement

A sum of money based on the number of workweeks worked for Defendant from January 1, 2021 to October 23, 2025

Deadline TBDemployment

AOCLSC INC. Wage and Hour Settlement