Handbook on Erisa Litigation, Third Edition

Handbook on Erisa Litigation, Third Edition
Author: James F Jorden
Publisher: Aspen Publishers
Total Pages: 1012
Release: 2013-11-21
Genre:
ISBN: 9781454818496

"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

Handbook on ERISA Litigation

Handbook on ERISA Litigation
Author: James F. Jorden
Publisher: Aspen Publishers Online
Total Pages: 1151
Release: 2006-12-19
Genre: Business & Economics
ISBN: 073556311X

Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.

ERISA Law Answer Book

ERISA Law Answer Book
Author: Alan P. Woodruff
Publisher:
Total Pages: 500
Release: 2001
Genre: Law
ISBN:

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.

ERISA Litigation

ERISA Litigation
Author: Jayne E. Zanglein
Publisher:
Total Pages: 0
Release: 2005
Genre: Pension trusts
ISBN: 9781570185083

ERISA Litigation

ERISA Litigation
Author: Jayne E. Zanglein
Publisher: Bureau of National Affairs (BNA)
Total Pages:
Release: 2017
Genre: Actions and defenses
ISBN: 9781682672327

The Litigation Manual

The Litigation Manual
Author: John G. Koeltl
Publisher: American Bar Association
Total Pages: 636
Release: 1999
Genre: Law
ISBN: 9781570736544

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

Spoliation of Evidence

Spoliation of Evidence
Author: Margaret M. Koesel
Publisher: American Bar Association
Total Pages: 372
Release: 2006
Genre: Law
ISBN: 9781590316221

This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.