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Merrill Lynch ERISA Class Action

Last verified October 18, 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, W.D. North Carolina (No. 3:24-cv-00440).

  1. April 30, 2024
    Case filed

What happened

A proposed class action against Merrill Lynch, Pierce, Fenner & Smith, Inc., apparently concerning alleged violations of the Employee Retirement Income Security Act (ERISA). The docket caption indicates this is a Labor: E.R.I.S.A. matter, suggesting claims may be brought on behalf of retirement plan participants or beneficiaries. Specific allegations have not yet been detailed beyond the nature of suit.

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 Merrill Lynch ERISA Class Action case?
No. The case is still being litigated — there is no settlement, no claim form, and no payout. It was filed April 30, 2024 in the District Court, W.D. North Carolina (No. 3:24-cv-00440).What a class action lawsuit is →
Who are the attorneys in the Merrill Lynch ERISA Class Action?
For the plaintiffs: Robert R. Miller (Lax & Neville LLP); Jacob H. Wellman (Teague Campbell Dennis & Gorham LLP); Barry R. Lax (Lax & Neville, LLP); Seth R. Klein (Izard, Kindall & Raabe, LLP). For Merrill Lynch, Pierce, Fenner & Smith, Inc.: Kevin F. Gaffney (Morgan Lewis & Bockius LLP); Sari M. Alamuddin (Morgan, Lewis & Bockius LLP); Matthew A. Russell (Morgan Lewis & Bockius); Zachary L. McCamey (McGuireWoods LLP). From the public court docket.

Who's involved

Plaintiffs

  • Alon Haim(Intervenor Plaintiff)
  • Luke McKelvy(Intervenor Plaintiff)
  • Matthew Mendoza(Intervenor Plaintiff)
  • William Schellenerg(Intervenor Plaintiff)
  • Jay Tamkoc(Intervenor Plaintiff)
  • Reinhold Wigand(Intervenor Plaintiff)
  • Jeffrey DeWees(Intervenor Plaintiff)
  • Kelly Milligan

Defendants

  • John/Jane Doe 1
  • Bank of America Corporation
  • Merrill Lynch, Pierce, Fenner & Smith, Inc.

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.

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