Handbook on ERISA Litigation PDF Download
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Author: James F. Jorden
Publisher: Aspen Publishers Online
ISBN: 073556311X
Category : Law
Languages : en
Pages : 1151
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Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Author: James F. Jorden
Publisher: Aspen Publishers Online
ISBN: 073556311X
Category : Law
Languages : en
Pages : 1151
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Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Author: Stephen H. Pfelpsen
Publisher: Aspen Publishers
ISBN: 9780131254930
Category :
Languages : en
Pages : 558
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Book Description
Author: James F Jorden
Publisher: Aspen Publishers
ISBN: 9781454818496
Category :
Languages : en
Pages : 1012
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Book Description
"Handbook on ERISA Litigation" cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirementsERISA discrimination claims and related statutory claimsPlan termination claimsOverfunded and underfunded plans Tax litigationClaims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The "Handbook" helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a disputeExceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption lawsThe procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases "Handbook on ERISA Litigation "has been updated to include: The U.S. Supreme Court's 2013 decision in U.S. Airways v. McCutchen addressing important issues regarding (1) the supremacy of ERISA plan terms over unjust enrichment or other equitable principles and (2) the common fund rule providing a default rule where a plan is silent on the allocation of attorneys' fees when the plan seeks reimbursement of amounts paid to a participant from a third-party tortfeasorUpdated case surveys by circuitCases addressing the teachings of CIGNA Corp. v. Amara (U.S. 2011) with respect to forms of available relief under ERISADevelopments in preemption analysis as applied to a variety of state laws and claimsContinuing developments that address claims of fiduciary breach in connection with employer "stock drop" and 401(k) plan fee and "revenue-sharing" claims
Author: Craig C. Martin
Publisher:
ISBN: 9781402428494
Category : Pension trusts
Languages : en
Pages : 0
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Book Description
ERISA Benefits Litigation Answer Book provides a comprehensive overview, in question and answer format, of the various causes of action the Employee Retirement Income Security Act provides to remedy violations of the statute, enforce the terms of a benefit plan, or provide other relief to a plan, its participants or its fiduciaries.Written by a team of authors with many years of ERISA litigation experience, and filled with practical illustrations and tips, ERISA Benefits Litigation Answer Book describes the legal requirements of, defenses to, and unique aspects of litigation involving: stock drops, ESOPs, cash balance plans, prohibited transactions, 401(K) fees, recovery of benefits due under a plan, multi-employer plans, managed care plans, and discrimination and interference with benefits rights. Also covered are chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.
Author: Craig C. Martin
Publisher:
ISBN: 9781402417047
Category : Pension trusts
Languages : en
Pages : 0
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Book Description
The 1974 enactment of the Employee Retirement Income Security Act ("ERISA") brought to the federal courts an array of claims that had previously been decided under a patchwork of state and local laws. The many subsequent changes in employee retirement options and the resulting federal regulations have created a complex legal web for attorneys to navigate. Written by a team of authors with many years of ERISA litigation experience and using a Q&A format it is filled with practical illustrations and practice tips and provides a comprehensive overview of this important area.
Author: Alan P. Woodruff
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages : 1380
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Book Description
Taking a practical 'how to' approach, ERISA Law Answer Book emphasizes decision making as it focuses on questions commonly asked of pension and health plan advisors in connection with the administration of retirement programs. Rather than merely citing the Code and Regulations for authority and identifying cases which support the proposition or answer given, this work sets forth a discussion of case authorities which have dealt with the relevant situation at hand, and provides a careful analysis of how those cases apply. Key topics covered include: Benefit arrangements subject to ERISA -- Construing and interpreting ERISA plans -- Notice, reporting, and disclosure -- Plan funding -- Plan distribution -- Benefit accrual and vesting -- Fiduciary duties and liabilities -- Preemption -- Standard of review -- Bankruptcy.
Author: John F. Buckley
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages : 1304
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Book Description
Taking a practical how to approach, ERISA Law Answer Book places an emphasis on decision making as it focuses on questions commonly asked of pension and health plan advisors in connection with the administration of retirement programs. Rather than merely citing the Code and Regulations for authority and identifying cases which support the proposition or answer given, this work sets forth a discussion of case authorities which have dealt with the relevant situation at hand, and provides a careful analysis of how those cases apply. Key topics covered include: - Benefit arrangements subject to ERISA - Construing and interpreting ERISA plans - Notice, reporting, and disclosure - Plan funding - Plan distribution - Benefit accrual and vesting - Fiduciary duties and liabilities - Preemption - Standard of review - Bankruptcy.
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233291
Category : Law
Languages : en
Pages : 1300
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Book Description
ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Author: David Clayton Carrad
Publisher: American Bar Association
ISBN: 9781604424522
Category : Business & Economics
Languages : en
Pages : 476
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Book Description
Written for family lawyers, judges, and plan administrators, this is a comprehensive resource for handling QDROs and working with the parties involved in this complex process. It provides basic knowledge of the substantive law of QDROs, step-by-step guidance and advanced techniques for the drafting and approval process, sample language and clauses with commentary, other forms including letters, forms, interrogatories, and checklists, and guidance on reading an annual benefits statement. Forms on CD-ROM.
Author: Ronald J. Cooke
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages :
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Book Description
