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Handbook on ERISA Litigation, Fourth Edition Handbook on ERISA Litigation, Fourth Edition

Handbook on ERISA Litigation, Fourth Edition

By James F. Jorden , Waldemar J. Pflepsen, Jr., Glenn Merten
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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 cases

Note: Online subscriptions are for three-month periods.

Last Updated 11/12/2018
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454862062
SKU 10044826-7777
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010048444
Table of Contents
  • 1. OVERVIEW
    • Introduction to ERISA
    • Scope of ERISA
    • Origins of ERISA
    • Legislative History
    • Agencies Charged with ERISA's Administration and Enforcement
  • 2. JURISDICTION AND RELATED ISSUES
    • Does the Claim Relate to an Employee Benefit Plan?
    • ERISA Claims
    • Parties with Standing to Sue and Causes of Action Available to Them
    • Subject Matter Jurisdiction
    • Venue and Service of Process
    • Removal
  • 3. PREEMPTION
    • Source of ERISA Preemption
    • The Preemption Clause
    • The Saving Clause
    • The Deemer Clause
    • Specific Applications of ERISA Preemption
    • Procedural Issues
  • 4. FIDUCIARY LIABILITY
    • Plans Covered by Fiduciary Responsibility Rules
    • Determining Fiduciary Status
    • Fiduciary Standards of Conduct
    • Liability for Fiduciary Breaches
    • Relief
    • Statute of Limitations
  • 5. PLAN BENEFITS CLAIMS AND ENFORCEMENT OF BENEFIT RIGHTS
    • Categories of Benefits Claims
    • Administrative Filing, Review, and Appeal Procedures
    • Litigation of Benefits Claims Disputes
    • Additional Categories of Benefits Claims
  • 6. VIOLATION OF ERISA REPORTING, DISCLOSURE, AND NOTIFICATION REQUIREMENTS
    • The Key Documents—Reporting and Disclosure
    • Enforcement
    • COBRA Notification Requirements
    • Qualified Medical Child Support Orders
  • 7. SINGLE-EMPLOYER PLAN TERMINATION CLAIMS—OVERFUNDED AND UNDERFUNDED PLANS
    • Employer's Decision to Terminate a Single-Employer Pension Plan
    • The Pension Benefit Guaranty Corporation
    • Termination of the Plan
    • Liability for Underfunded Plan Terminations
    • Overfunded Plan Terminations and Excess Asset Reversions
    • Enforcement Provisions
  • 8. MULTIEMPLOYER PLANS—EMPLOYER CONTRIBUTION AND WITHDRAWAL CLAIMS
    • Collection of Delinquent Contributions
    • Return of Employer Contributions—ERISA § 403
    • Multiemployer Plan Withdrawal Liability
  • 9. ERISA DISCRIMINATION CLAIMS AND RELATED FEDERAL STATUTORY CLAIMS
    • Burden and Order of Proof
    • Enforcement Issues
    • Specific Cases
    • Related Federal Statutory Claims
  • 10. TAX LITIGATION
    • Excise Taxes and Excise Tax Litigation
    • Tax-Related Litigation Under Title I of ERISA
    • Access to Tax Materials in Litigation
  • 11. PROCEDURAL ISSUES
    • Trial by Jury
    • Attorneys' Fees
    • Class Actions
    • Arbitrability of ERISA Claims
    • Attorney-Client Privilege
    • Expert Witnesses
    • Settlement
  • FORMS
    • Form 1 Notice of Removal
    • Form 2 Complaint for Benefits
    • Form 3 Complaint for Appropriate Equitable Relief for Breach of Fiduciary Duty
    • Form 4 Motion to Dismiss Papers in Action to Recover Disability Benefits—Insurance Policy as an ERISA Plan; Preemption of State Law Contract Claims
    • Form 5 Motion In Limine to Exclude Testimony on Conclusions of Law
  • Table of Cases
  • Table of ERISA Sections
  • Table of Internal Revenue Code Sections
  • Table of Parallel ERISA/U.S.C. Citations

 

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