Whataburger ERISA Class Action
Last verified October 1, 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 Court of Appeals for the Fifth Circuit (No. 24-50976).
- December 10, 2024Case filed
What happened
A proposed class action against Whataburger Restaurants, L.L.C., apparently concerning alleged violations of the Employee Retirement Income Security Act (ERISA) related to the company's 401(k) savings plan. The docket text indicates that the appeal was voluntarily dismissed, and no specific factual allegations are described in the provided entries.
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 Whataburger ERISA Class Action case?
- No. The case is still being litigated — there is no settlement, no claim form, and no payout. It was filed December 10, 2024 in the Court of Appeals for the Fifth Circuit (No. 24-50976).What a class action lawsuit is →
- Who are the attorneys in the Whataburger ERISA Class Action?
- For the plaintiffs: James C. Shah (Direct: 610-891-9880); John Saul Edwards, Jr., Esq. (Direct: 713-860-1600); Alec Berin (Direct: 610-891-9880); James Edward Miller (Direct: 806-526-1100). For Whataburger Restaurants, L.L.C.: Michael E. Kenneally (Direct: 202-739-3000); Dylan Fedderman (Direct: 210-239-0321); Natsumi Covey (Direct: 210-239-0321); Lauren Valkenaar, Attorney (Direct: 210-239-0321). From the public court docket.
Who's involved
Plaintiffs
- Manuel Esquivel, Individually and as a representative of a class of similarly situated person, on behalf of the WHATABURGER 401(K) SAVINGS PLAN formerly known as the Whataburger Profit Sharing and 401(k) Savings Plan(Plaintiff - Appellant)
Defendants
- DOES No.1-20, Whose Names Are Currently Unknown(Defendant - Appellee)
- Whataburger 401(K) Savings Plan Administrative Committee, formerly known as Whataburger Profit Sharing and 401(k) Savings Plan Administrative Committee(Defendant - Appellee)
- Board of Directors of Whataburger Restaurants, L.L.C.(Defendant - Appellee)
- Whataburger Restaurants, L.L.C.(Defendant - Appellee)
Counsel for plaintiffs
- James C. ShahDirect: 610-891-9880Represents Manuel Esquivel, Individually and as a representative of a class of similarly situated person, on behalf of the WHATABURGER 401(K) SAVINGS PLAN formerly known as the Whataburger Profit Sharing and 401(k) Savings Plan
- John Saul Edwards, Jr., Esq.Direct: 713-860-1600Represents Manuel Esquivel, Individually and as a representative of a class of similarly situated person, on behalf of the WHATABURGER 401(K) SAVINGS PLAN formerly known as the Whataburger Profit Sharing and 401(k) Savings Plan
- Alec BerinDirect: 610-891-9880Represents Manuel Esquivel, Individually and as a representative of a class of similarly situated person, on behalf of the WHATABURGER 401(K) SAVINGS PLAN formerly known as the Whataburger Profit Sharing and 401(k) Savings Plan
- James Edward MillerDirect: 806-526-1100Represents Manuel Esquivel, Individually and as a representative of a class of similarly situated person, on behalf of the WHATABURGER 401(K) SAVINGS PLAN formerly known as the Whataburger Profit Sharing and 401(k) Savings Plan
Counsel for defendants
- Michael E. KenneallyDirect: 202-739-3000Represents Whataburger Restaurants, L.L.C., Board of Directors of Whataburger Restaurants, L.L.C., Whataburger 401(K) Savings Plan Administrative Committee, formerly known as Whataburger Profit Sharing and 401(k) Savings Plan Administrative Committee
- Dylan FeddermanDirect: 210-239-0321Represents Whataburger Restaurants, L.L.C., Board of Directors of Whataburger Restaurants, L.L.C., Whataburger 401(K) Savings Plan Administrative Committee, formerly known as Whataburger Profit Sharing and 401(k) Savings Plan Administrative Committee
- Natsumi CoveyDirect: 210-239-0321Represents Whataburger Restaurants, L.L.C., Board of Directors of Whataburger Restaurants, L.L.C., Whataburger 401(K) Savings Plan Administrative Committee, formerly known as Whataburger Profit Sharing and 401(k) Savings Plan Administrative Committee, DOES No.1-20, Whose Names Are Currently Unknown
- Lauren Valkenaar, AttorneyDirect: 210-239-0321Represents Whataburger Restaurants, L.L.C., Board of Directors of Whataburger Restaurants, L.L.C., Whataburger 401(K) Savings Plan Administrative Committee, formerly known as Whataburger Profit Sharing and 401(k) Savings Plan Administrative Committee, DOES No.1-20, Whose Names Are Currently Unknown
- Jeremy Paul BlumenfeldDirect: 215-963-5258Represents Whataburger Restaurants, L.L.C., Board of Directors of Whataburger Restaurants, L.L.C., Whataburger 401(K) Savings Plan Administrative Committee, formerly known as Whataburger Profit Sharing and 401(k) Savings Plan Administrative Committee
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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