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.   The Handbook on ERISA Litigation has been updated to include:     Continuing developments in the courts as they implement the U.S. Supreme  Court's decisions in key cases from 2008: Metropolitan Life Insurance Company  v. Glenn, holding that an insurer that both funds an ERISA plan and exercises  discretion in deciding claims is operating under a conflict of interest that  must be weighed as a factor in determining whether there is abuse of  discretion; and LaRue v. DeWolff, Boberg & Associates, Inc., holding that  individual participants in defined contribution plans may sue for breach of  fiduciary duty under ERISA § 409(a) when monetary relief is sought by less  than all individual account holders   The U.S. Supreme Court's decision in Kennedy v. Plan Administrator for DuPont  Savings and Investment Plan (2009), holding that a participant’s beneficiary  designation contained in plan documents controlled over conflicting waiver of  pension benefits in state divorce decree that did not amount to a QDRO   Updated case surveys by circuit   New cases addressing claims of fiduciary breach in connection with 401(k) plan  fee- and revenue-sharing arrangements   Updates on statutes of limitations applied to claims for plan benefits   Significant developments in preemption analysis as applied to numerous state  laws and claims, including mandatory health care benefits       The Handbook also includes a completely updated Table of Cases, as well  as tables of Internal Revenue Code sections and ERISA sections, reflecting the  additions and changes to the text.

Handbook on ERISA litigation

Jorden, James F.

Prentice Hall Law & Business

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.   The Handbook on ERISA Litigation has been updated to include:    Continuing developments in the courts as they implement the U.S. Supreme Court's decisions in key cases from 2008: Metropolitan Life Insurance Company v. Glenn, holding that an insurer that both funds an ERISA plan and exercises discretion in deciding claims is operating under a conflict of interest that must be weighed as a factor in determining whether there is abuse of discretion; and LaRue v. DeWolff, Boberg & Associates, Inc., holding that individual participants in defined contribution plans may sue for breach of fiduciary duty under ERISA § 409(a) when monetary relief is sought by less than all individual account holders   The U.S. Supreme Court's decision in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan (2009), holding that a participant’s beneficiary designation contained in plan documents controlled over conflicting waiver of pension benefits in state divorce decree that did not amount to a QDRO   Updated case surveys by circuit   New cases addressing claims of fiduciary breach in connection with 401(k) plan fee- and revenue-sharing arrangements   Updates on statutes of limitations applied to claims for plan benefits   Significant developments in preemption analysis as applied to numerous state laws and claims, including mandatory health care benefits      The Handbook also includes a completely updated Table of Cases, as well as tables of Internal Revenue Code sections and ERISA sections, reflecting the additions and changes to the text.

Handbook on Erisa Litigation

Goldberg, Stephen H.

Pflepsen, Waldemar J., Jr.

Business

Aspen Law & Business

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!

Business & Money

Pflepsen, Jr., Waldemar J.

Merten, W Glenn

Personal Finance

Wolters Kluwer/Law & Business

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