Download or read book Handbook on Erisa Litigation written by James F. Jorden and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 1026 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 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 cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
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 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 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 and Litigation written by Lee T. Polk and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Practice Litigation written by Lee T. Polk and published by . This book was released on 1993 with total page 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 Benefits Litigation Answer Book 2013 written by Craig C. Martin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book ERISA Litigation written by Jayne E. Zanglein and published by BNA Books (Bureau of National Affairs). This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Litigation written by Jayne E. Zanglein and published by Bureau of National Affairs (BNA). This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA Law Answer Book written by Alan P. Woodruff and published by . This book was released on 2001 with total page 1380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Employee Benefits Law written by Jeffrey D. Mamorsky and published by Law Journal Press. This book was released on 2023-10-28 with total page 1436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employee Benefits Law: ERISA and Beyond takes you step by step through these and other statutes and regulations to help ensure that your plans are properly structured, qualified and implemented.
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.
Download or read book ERISA Litigation written by and published by . This book was released on 2008 with total page 689 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 ERISA Litigation written by and published by . This book was released on 1982 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
