ISBN: 1454862068 9781454862062

Category: Business & Economics / Personal Finance / Retirement Planning

Page count: 1070

<p> <b><i>Handbook on ERISA Litigation</i></b> cuts through complicated statutory provisions and tells you which <i>ERISA </i>claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of <i>ERISA </i>litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: </p> Fiduciary liability Violation of <i>ERISA</i> reporting and notification requirements <i>ERISA</i> 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) <p> The <b><i>Handbook</i></b> helps you to counsel clients more knowledgeably and to litigate <i>ERISA</i> disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. </p> <p> In one, easy-to-read volume, you'll find expert analysis of: </p> The structure and scope of <i>ERISA</i>, so you can easily determine whether and in what fashion <i>ERISA</i> is relevant to the resolution of a dispute Exceptions to <i>ERISA</i> and preemption issues, keeping you fully apprised of the extent to which <i>ERISA</i> 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 <p> <b><i>Handbook on ERISA Litigation </i></b>has been updated to include: </p> The impact of the <i>Affordable Care Act</i> upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the <i> Pregnancy Discrimination Act</i>, 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 <i>ERISA</i> 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 <i>ERISA</i> preemption analysis clarifying the scope and reach of federal preemption And more! <p> </p> <p> </p> <p> </p>