Download or read book Handbook on ERISA Litigation written by James F. Jorden and published by Aspen Publishers Online. This book was released on 2006-12-19 with total page 1151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Download or read book ERISA Practice Litigation written by Lee T. Polk and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Disability Claims and Litigation written by and published by . This book was released on 2021-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Claims and Litigation written by and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Claims and Litigation in Arizona written by Kimberly J. Cilke and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Erisa Benefits Litigation Answer Book 2018 written by Craig C. Martin and published by . This book was released on 2018-02-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Handbook on Erisa Litigation Third Edition written by James F Jorden and published by Aspen Publishers. This book was released on 2013-11-21 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Download or read book ERISA Claims Litigation written by Charles B. Wolf and published by . This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Litigation written by and published by . This book was released on 2010 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Claims Litigation written by and published by . This book was released on 1986 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Litigation written by and published by . This book was released on 2007 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Practice and Procedure written by Ronald J. Cooke and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Survey of Federal Circuits written by Brooks R. Magratten and published by American Bar Association. This book was released on 2007 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA and Health Insurance Subrogation in all 50 States 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Property Insurance Litigator s Handbook written by Leonard E. Murphy and published by American Bar Association. This book was released on 2007 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collecting Employer Contributions written by Travis J. Ketterman and published by International Foundation of Employee benefit. This book was released on 2009 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfortunately, there are times when multiemployer trust fund representatives must take legal action in the pursuit of payroll information and delinquent contributions. The process can be time consuming, confusing and filled with legal jargon. Now fund trustees and attorneys have this step-by-step guide to the actions that comprise a collections lawsuit under the Employee Retirement Income Security Act of 1972 (ERISA). Trustees will appreciate the plain English language used to explain the collection process. Trust fund attorneys will value the practical pointers that can help increase the likelihood of a positive outcome. An appendix contains nearly 200 pages with sample legal forms and other useful documents common to the collection of employer contributions. Available in print, e-book (pdf) and CD-ROM formats. 306 pages. International Foundation.