No Statutory Penalties for Failure to Participate in Litigation Discovery
ERISA imposes a statutory penalty of $110 per day if a plan administrator fails to provide certain plan documents at the request of a plan participant. See 29 U.S.C. § 1132(c)(1). A court has held that a refusal to produce such documents in response to a litigation discovery request does not trigger the statutory penalties. See Kujanek v. Houston Poly Bad I, Limited, No. 10-20664 (5th Cir. Sept. 27, 2011).
