Elizabeth McDermott, an associate in the ERISA & Employee Benefits practice, represents the interests of employees, retirees, plan participants and beneficiaries in ERISA class-action lawsuits across the country. Previously she was a Cohen Milstein Fellow working on matters spanning the antitrust, consumer protection, civil rights and employment, human rights, and securities practice groups.
Prior to joining Cohen Milstein, Elizabeth was a law clerk for the Honorable Paula Xinis of the United States District Court for the District of Maryland.
While attending Boston University School of Law, Elizabeth was an executive editor of the Public Interest Law Journal.
Publications
- Mass & Cass: City Sanctioned Eighth Amendment Violations, 32 B.U. Pub. Int. L.J. 243 (2023)
Prior to attending law school, Elizabeth was a project manager at the Institute for Healthcare and Improvement. She was also a teacher, program administrator and board member of Bilingual Education for Central America (BECA).
Elizabeth is conversationally fluent in Spanish.
- District of Columbia
- Massachusetts
- Boston University School of Law, J.D., cum laude, 2023
- Vassar College, B.A., with honors, 2014
Law Clerk, the Hon. Paula Xinis, U.S. District Court, District of Maryland (2023 – 2024)
Current Cases
Aetna Gender-Affirming Facial Surgery Litigation
Gordon, et al. v. Aetna Life Insurance (D. Conn.): Cohen Milstein is partnering with Transgender Legal Defense and Education Fund (TLDEF), now known as Advocates for Trans Equality (A4TE), and Wardenski P.C. in a putative civil rights class action against Aetna Life Insurance Company on behalf of three transgender women, who were denied coverage for medically necessary gender-affirming facial reconstruction procedures.
Past Cases
GWA, LLC 401(k) Profit Sharing Plan Litigation
Andrew-Berry, et al. v. Weiss (D. Conn.): Cohen Milstein represented participants in the GWA, LLC 401(k) Profit Sharing Plan who alleged that GWA, LLC and George A. Weiss breached their fiduciary duties and misused employee retirement plan assets to further their own pecuniary interest, in violation of ERISA. Specifically, plaintiffs alleged that 100% of the Plan’s investments (all of which are 401(k) assets) were invested in “The Weiss Funds,” which included the company’s flagship hedge fund named the “Weiss Multi-Strategy Partners Ltd.” and the company’s mutual fund named the “Weiss Alternative Multi-Strategy Fund,” which generally “replicates” the hedge fund’s strategy. On September 19, 2025, the court granted final approval of a $7.9 million settlement.
March 9, 2026
BBQ Co. Execs, Trust Co. Settle Workers’ ESOP Fight
A New York-based barbecue chain's executives and the caretaker of the company's employee stock ownership plan have agreed to settle a class action from workers alleging ESOP mismanagement, the parties told a New York federal court Monday.
In the News | Law360
March 9, 2026
Victory! Federal Court Orders Preliminary Relief for Trans Plaintiffs in Class Action Against Aetna
The District of Connecticut enjoined Aetna Life Insurance Company’s (Aetna) exclusion of gender-affirming transition-related facial surgeries for two trans women, Jamie Homnick and Gennifer Herley, in Advocates for Trans Equality’s (A4TE) class action lawsuit. Denying Aetna’s motion to dismiss and granting the plaintiffs’ motion for preliminary injunction, the case proceeds.
Press Releases | A4TE
March 9, 2026
Trans Patients Score Block on Aetna Facial Surgery Exclusion
Aetna must reconsider whether two transgender women can receive coverage for their gender-affirming facial reconstruction surgeries, a Connecticut federal judge ruled, finding that a policy categorically excluding coverage for the procedure was likely discriminatory. In a ruling issued Sunday, U.S. District Judge Victor A. Bolden rejected Aetna Life Insurance Co.’s motion to dismiss a proposed […]
In the News | Law360
February 18, 2026
Benefits Group of The Year: An Interview with Michelle Yau
Law360 interviewed Michelle Yau on what makes Cohen Milstein's ERISA & Employee Benefits team stand out to be named Law360's Benefits Group of the Year - 2025.
In the News | Law360
February 17, 2026
BBQ Co. ESOP Members Urge Trial Despite DOL’s $15M Deal
A certified class of participants in a barbecue company's employee stock ownership program is seeking assurance that a $15 million settlement among the U.S. Department of Labor, the company's executives and the ESOP's caretaker won't affect a coming trial on the matter.
In the News | Law360