Handbook on ERISA Litigation, 4th Edition (1-year Online Subscription)

Author: James F. Jorden; Kimberly A. Jones; Glenn Merten; Waldemar J. Pflepsen, Jr.
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
ISBN: 10048444
Published In: Subscription-type (Contents updated periodically)
Format: Online , 1070 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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

James F. Jorden

James F. Jorden, senior managing partner of Jorden Burt, has argued before the United States Supreme Court and has been lead trial counsel in numerous ERISA and employee benefits cases. He is a past Chair of the Employee Benefits Committee of the ABA’s Tort and Insurance Practice Section (TIPS) and Chair of the Subcommittee on ERISA Litigation of the Business Law Section. He has an extensive background in litigating and counseling on a wide variety of corporate matters.

Stephen H. Goldberg

Stephen H. Goldberg, chair of Jorden Burt’s ERISA practice, is regarded as a leading expert on pension and annuity product development and litigation topics on which he has counseled and lectured extensively. He is a past Chair of the ERISA Fiduciary Task Force of the American Council of Life Insurers (ACLUI). He has litigated numerous ERISA cases involving both retirement and welfare plans.