Handbook on ERISA Litigation, Third Edition / Edition 3

Hardcover (Print)
Not Available on BN.com
 

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

Read More Show Less

Product Details

  • ISBN-13: 9780735563117
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/28/2006
  • Format: Ringbound
  • Edition number: 3
  • 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

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)