Handbook on ERISA Litigation, Third Edition / Edition 3

Handbook on ERISA Litigation, Third Edition / Edition 3

by James F. Jorden, Waldemar J. Pflepsen Jr., Stephen H. Goldberg
     
 

ISBN-10: 073556311X

ISBN-13: 9780735563117

Pub. Date: 12/28/2006

Publisher: Wolters Kluwer Law & Business

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

Overview

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 requirements
• ERISA discrimination claims and related statutory claims
• Plan termination claims
• Overfunded and underfunded plans
• Tax litigation
• Claims 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 dispute
• Exceptions 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 laws
• The 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 case

Handbook on ERISA Litigation has been updated to include:

• Rulings and remedies subsequent to the U.S. Supreme Court's 2011 decision in CIGNA Corp. v. Amara, addressing important issues regarding (1) the availability of various forms of relief for ERISA benefits claims cases and breach of fiduciary duty claims, and (2) inconsistent summary plan descriptions and plan documents
• Significant developments in preemption analysis as applied to a variety of state laws and claims
• Analysis of newly effective DOL regulations with respect to fee disclosures to plan fiduciaries and participants
• Developments that address claims of fiduciary breach in connection with employer "stock drop" and 401(k) plan fee and "revenue-sharing" claims
• Updated case surveys by circuit

Product Details

ISBN-13:
9780735563117
Publisher:
Wolters Kluwer Law & Business
Publication date:
12/28/2006
Pages:
1054
Product dimensions:
9.70(w) x 10.10(h) x 3.10(d)

Table of Contents

• Introduction
• Jurisdiction and Related Issues
• Preemption
• Fiduciary Liability
• Plan Benefit Claims and Enforcement of Benefit Rights
• Violation of ERISA Reporting, Disclosure, and Notification Requirements
• Single-Employer Plan Termination Claims—Overfunded and Underfunded Plans
• Multiemployer Plans—Employer Contribution and Withdrawal Claims
• ERISA Discrimination Claims and Related Federal Statutory Claims
• Tax Litigation
• Procedural Issues
Forms
Table of Cases
Index Parallel ERISA/U.S.C. Citations
Index

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