Ryan Wheeler is an associate at Cohen Milstein and a member of the Employee Benefits practice. He represents the interests of employees, retirees, plan participants and beneficiaries in ERISA cases across the country.
Prior to joining Cohen Milstein, Ryan was a Fellow in the firm’s Fellowship program, where he worked on litigation matters spanning the firm’s antitrust, consumer protection, civil rights and employment litigation, human rights, and securities litigation practices.
Before that, Ryan clerked for the Honorable Michael H. Simon of the United States District Court for the District of Oregon.
In law school, Ryan was the solicited content editor for Harvard Civil Rights-Civil Liberties Law Review, a founding member of the Pipeline Parity Project (now known as the People’s Parity Project), and the co-president of Project No One Leaves.
- California
- District of Columbia
- Harvard Law School, J.D., 2019
- Pomona College, B.A., 2013
Law Fellow, Cohen Milstein Sellers & Toll PLLC (2020 – 2021)
Law Clerk, Hon. Michael H. Simon, U.S. District Court, District of Oregon (2019 – 2020)
Current Cases
AMPAM Parks Mechanical ESOP Litigation
Barrios, et al. v. AMPAM Parks Mechanical, Inc., et al. (S.D. Cal.): Cohen Milstein represents employee participants and beneficiaries of the AMPAM Parks Mechanical, Inc. Employee Stock Ownership Plan in a class action lawsuit alleging that AMPAM Parks Mechanical and the founders of AMPAM, Buddy Parks, John D. Parks, James Parks, and Jason Parks breached their fiduciary duties in the management of the ESOP in violation of ERISA.
CITGO Pension Plan Litigation
CITGO Pension Plan Litigation (N.D. Ill.): Cohen Milstein filed a complaint on behalf of a class of participants and beneficiaries of the CITGO Petroleum Corporation Salaried and Hourly Employees Pension Plans (the “CITGO Plans”), alleging violations of the Employee Retirement Income Security Act (“ERISA”). Plaintiffs’ complaint alleges that, prior to 2018, the CITGO Plans utilized outdated mortality tables to determine the value of joint and survivor annuities (“JSAs”), resulting in married retirees receiving less than the actuarial equivalent of the benefit that ERISA protects. This lawsuit seeks to recover amounts due to members of the class, and to reform the CITGO Plans to fully comply with protections afforded by ERISA to pension plan participants and their beneficiaries.
Casino Queen ESOP Litigation
Casino Queen ESOP Litigation (S.D. Ill.): Cohen Milstein represents ESOP participants who allege that the Board of Directors of CQ Holding Company, Inc. and related defendants violated ERISA when they created an ESOP to buy their Casino Queen stock for $170 million, a significantly inflated price.
Envision Management Holding, Inc. ESOP Litigation
Envision Management Holding, Inc. ESOP Litigation (D. Col.): Cohen Milstein represents Envision Management Holding ESOP participants in a lawsuit in connection with the sale of Envision Management Holding, Inc. to the ESOP at an inflated price, which caused a multi-million-dollar loss to the ESOP.
Luxottica Group Pension Plan Litigation
Luxottica Group Pension Plan Litigation (E.D.N.Y.): Cohen Milstein represents Luxottica pension plan participants in a lawsuit, alleging that the plan used outdated mortality tables to determine the value of participants’ joint and survivor annuities, resulting in married retirees receiving less than the actuarial equivalent of the benefit that ERISA protects.
WBBQ ESOP Litigation
Lloyd, et al. v. Argent Trust Company, et al. (S.D.N.Y): Cohen Milstein filed a lawsuit on behalf of alleging that the trustee of the WBBQ ESOP, Argent Trust Company and the company’s owner, and controlling managers and shareholders breached their fiduciary duties to the W BBQ Holdings, Inc. ESOP, causing the ESOP to engage in transactions that are prohibited under ERISA and in connection with the sale of the company to the ESOP for an inflated purchase price that far exceeded its fair market value.
Past Cases
Wells Fargo 401(k) Litigation
Becker v. Wells Fargo & Co. et al. (D. Minn.): Cohen Milstein achieved a $32.5 million settlement prior to class certification and expert discovery. The lawsuit alleged that Wells Fargo and its affiliates violated numerous provisions of ERISA by breaching their fiduciary duties and engaging in self-dealing transactions prohibited under ERISA.
April 9, 2024
7th Circ. Allows Casino Workers to Appeal Class Cert. Denial
The Seventh Circuit granted Casino Queen workers’ request to immediately challenge a trial court’s refusal to certify a class in their suit alleging that company executives charged their employee stock ownership plan $170 million for shares that ended up being worthless. In an order Monday, a three-judge panel said it would hear a mid-suit appeal […]
In the News | Law360
January 5, 2024
Cohen Milstein Presenta una Demanda Colectiva de ERISA Contra AMPAM Parks Mechanical por Enriquecer a los Propietarios a Expensas del Plan de Jubilación de Los Empleados
El principal subcontratista de plomería multifamiliar de diseño y construcción de California presuntamente traicionó a sus empleados en una transacción ilegal de ESOP de $247 millones Washington, DC – Cohen Milstein Sellers & Toll PLLC, una firma de abogados de demandantes de primer nivel, presentó una demanda colectiva en nombre de los empleados y participantes […]
Press Releases | Cohen Milstein
January 5, 2024
Cohen Milstein Files ERISA Class Action Against AMPAM Parks Mechanical for Enriching Owners at Expense of Employee Retirement Plan
California’s top design-build multifamily plumbing subcontractor allegedly sells out employees in illegal $247 million ESOP transaction Washington, DC – Cohen Milstein Sellers & Toll PLLC, a premier plaintiffs’ law firm, filed a class action on behalf of employees and participants of the AMPAM Parks Mechanical, Inc. Employee Stock Ownership Plan (ESOP). The lawsuit is against […]
Press Releases | Cohen Milstein
August 4, 2023
No Pause in ERISA Class Suit for Supreme Court Appeal – Law360
A proposed class action alleging a radiology company and its founders overcharged an employee stock ownership plan can move forward, a Colorado federal judge has ruled, saying the defendants aren’t entitled to a stay while they appeal to the U.S. Supreme Court over an order that found federal benefits law trumped the company’s arbitration agreement. […]
In the News
June 14, 2023
5 Important Benefits Rulings From The 1st Half Of 2023
Here are five rulings from the first six months of 2023 that benefits lawyers should have on their radar. . . . ESOP Managers Lose 10th Circ. Arbitration Bid The Tenth Circuit issued a published opinion Feb. 9 rejecting a radiology company’s bid to compel individual arbitration of an ERISA class action from workers who […]
In the News | Law360
March 7, 2023
Casino Queen Execs Can’t Sink Workers’ ESOP Suit
An Illinois federal judge refused to free two Casino Queen founders and a former president from a lawsuit by workers alleging the executives siphoned millions from the workers’ retirement savings to buy stock in the company’s holding firm, saying he needs more information before making any decisions. On Monday, U.S. District Judge David W. Dugan […]
In the News | Law360
February 9, 2023
10th Circ. Won’t Force Arbitration in Radiology Co. ESOP Row
The Tenth Circuit on Thursday rejected a radiology company’s bid to force into individual arbitration a federal benefits lawsuit from workers who alleged mismanagement of their employee stock ownership plan. The panel upheld an arbitration provision in ESOP plan documents as unenforceable because it blocked remedies under federal benefits law. A three-judge panel in a […]
In the News | Law360
January 17, 2023
10th Circ. Skeptical of Forcing Arbitration in ESOP Row
The Tenth Circuit appeared skeptical Tuesday of a radiology company’s argument that ex-workers alleging the company mismanaged their employee stock ownership plan should be booted to individual arbitration, citing language in the Employee Retirement Income Security Act allowing workers to seek plan-wide relief. A three-judge panel during oral arguments quickly focused on whether workers’ rights […]
In the News | Law360
January 17, 2023
Envision’s Bid for ERISA Arbitration Appears Shaky in 10th Cir.
Arbitration clause limits remedies provided by statute Company urges court to focus on ‘effective’ vindication Envision Management Holding Inc.’s effort to force arbitration in a dispute over its employee stock ownership plan appeared to be in jeopardy on Tuesday, when a panel of Tenth Circuit judges had tough questions for the company’s lawyer. Judge Mary […]
In the News | Bloomberg Law
December 7, 2022
“Argent Can’t Arbitrate Suit Over $99M ESOP Buy,”
A New York federal judge refused to send to arbitration a suit claiming Argent Trust let a barbecue chain’s employee stock ownership plan overpay for company shares, ruling Tuesday that the plan’s arbitration agreement is unenforceable because it denies rights afforded under federal benefits law. U.S. District Judge Denise L. Cote said Jamaal Lloyd and […]
In the News | Law360
July 29, 2022
Virginia School District Leaders Ask Court to Uphold Teacher Firing in Transgender Student Case
School board members from five Virginia localities and Richmond’s schools superintendent have signed onto an amicus brief to the Supreme Court of Virginia opposing a former teacher’s claim that he was unlawfully fired for violating his district’s anti-discrimination and anti-harassment policies. The brief, which was submitted by LGBTQ+ advocacy group Equality Virginia and more than […]
In the News | Virginia Mercury
July 28, 2022
Equality Virginia and Partners File Amicus Brief in Support of Transgender and Non-Binary Students in Virginia Schools
RICHMOND, VA – Last evening, Equality Virginia, the Commonwealth’s leading advocacy organization for lesbian, gay, bisexual, transgender and queer (LGBTQ+) equality, along with 35 partners and school board leaders across the Commonwealth, filed an amicus brief in support of transgender students in Virginia schools. The brief asks the Supreme Court of Virginia to uphold the […]
Press Releases
April 4, 2022
Wells Fargo Inks $32.5 Million Deal Over Affiliated 401(k) Funds
Wells Fargo & Co. will pay $32.5 million to resolve litigation by workers who say the banking giant favored its own funds in their 401(k) plan over cheaper and better performing alternatives, settlement papers filed in Minnesota federal court show. The deal is expected to benefit more than 400,000 people who invested in Wells Fargo […]
In the News | Bloomberg Law
March 25, 2022
ERISA Trumps Radiology Co.’s Arbitration Pact
A radiology company and its founders must face a proposed class action alleging they overcharged their employee stock ownership plan in a $163.7 million sale, a Colorado federal judge ruled, saying the company can’t enforce an arbitration agreement because it conflicts with federal benefits law. U.S. District Judge Regina M. Rodriguez on Thursday said the […]
In the News | Law360