Handbook on ERISA Litigation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Handbook on ERISA Litigation PDF full book. Access full book title Handbook on ERISA Litigation by James F. Jorden. Download full books in PDF and EPUB format.
Author: James F. Jorden
Publisher: Aspen Publishers Online
ISBN: 073556311X
Category : Law
Languages : en
Pages : 1151
Get Book
Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Author: James F. Jorden
Publisher: Aspen Publishers Online
ISBN: 073556311X
Category : Law
Languages : en
Pages : 1151
Get Book
Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Author: Stephen H. Pfelpsen
Publisher: Aspen Publishers
ISBN: 9780131254930
Category :
Languages : en
Pages : 558
Get Book
Book Description
Author: James F Jorden
Publisher: Aspen Publishers
ISBN: 9781454818496
Category :
Languages : en
Pages : 1012
Get Book
Book Description
"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
Author: Craig C. Martin
Publisher:
ISBN: 9781402428494
Category : Pension trusts
Languages : en
Pages : 0
Get Book
Book Description
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.
Author: Craig C. Martin
Publisher:
ISBN: 9781402417047
Category : Pension trusts
Languages : en
Pages : 0
Get Book
Book Description
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.
Author: Alan P. Woodruff
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages : 1380
Get Book
Book Description
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.
Author: Lee T. Polk
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages :
Get Book
Book Description
Author: John F. Buckley
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages : 1304
Get Book
Book Description
Taking a practical how to approach, ERISA Law Answer Book places an emphasis on 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.
Author: David Clayton Carrad
Publisher: American Bar Association
ISBN: 9781604424522
Category : Business & Economics
Languages : en
Pages : 476
Get Book
Book Description
Written for family lawyers, judges, and plan administrators, this is a comprehensive resource for handling QDROs and working with the parties involved in this complex process. It provides basic knowledge of the substantive law of QDROs, step-by-step guidance and advanced techniques for the drafting and approval process, sample language and clauses with commentary, other forms including letters, forms, interrogatories, and checklists, and guidance on reading an annual benefits statement. Forms on CD-ROM.
Author: John F. Buckley IV
Publisher: Aspen Publishers
ISBN: 9781543823646
Category : Pension trusts
Languages : en
Pages :
Get Book
Book Description
ERISA Law Answer Book is the practical desk reference that provides clear, concise, authoritative answers to more than 1,300 key questions - covering everything from benefit plan design, administration, communication, amendment, coverage, funding, distribution, and defense to fiduciary liabilities and litigation issues. It helps you ensure compliance with ERISA law...limit exposure to liability...avoid litigation...prevent plan disqualification...and make plan administration more efficient and effective. Designed for fast, easy use, the ERISA Law Answer Book features: Answers to just about any ERISA question instantly at your fingertips Up-to-date coverage on ERISA-related developments Advice on the best course of action when dealing with ERISA issues Extensive coverage of the Pension Protection Act of 2006 (PPA) Scores of practice pointers and examples Citations to statutes, regulations, and case law Detailed analysis of ERISA provisions Internal Revenue Code sections and interpretations Previous Edition: ERISA Law Answer Book, Eighth Edition ISBN 9781454886686 Note: Online subscriptions are for three-month periods.
