ERISA Litigation


Author: Jayne E. Zanglein,Susan J. Stabile
Publisher: BNA Books
ISBN: 9781570187315
Category: Law
Page: 1664
View: 523

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Handbook on Erisa Litigation


Author: James F. Jorden,Waldemar J. Pflepsen (Jr.),W. Glenn Merten
Publisher: Wolters Kluwer Law & Business
ISBN: 1454862068
Category: Business & Economics
Page: 1070
View: 5391

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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 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!

ERISA

A Comprehensive Guide
Author: Paul J. Schneider,Brian M. Pinheiro
Publisher: Aspen Publishers Online
ISBN: 0735509107
Category: Law
Page: 1012
View: 4141

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The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: A new chapter that focuses on the key federal employment laws, such as the antidiscrimination, wage and hour, and leave laws, which often must be considered by benefits professionals when providing benefits advice to their clients A revised chapter on ERISA preemption, which includes a new discussion of what constitutes a "plan" for purposes of applying ERISA preemption and an updated discussion of the impact of the Supreme Court's decision in Cigna Corp. v. Amara on ERISA preemption A summary of the requirement of providing health plan participants with a Summary of Benefits and Coverage has been added to the discussion of benefit plan notice requirements An update on recent court decisions involving 401(k) fee litigation and the extent to which excessive or undisclosed fees can constitute a breach of ERISA fiduciary duty. The Department of Labor's final regulations issued under ERISA Section 408(b)(2), regarding the disclosure that must be made by service providers to plan fiduciaries concerning the direct and indirect compensation that the service providers receive in connection with providing services to a covered plan A discussion regarding the income tax consequences of employer-paid COBRA premiums A discussion regarding successor liability in asset sale transactions has been added to the chapter on mergers and acquisitions A discussion regarding the extent to which an employer's interference with the benefits of union supporters may constitute an unfair labor practice under the National Labor Relations Act

ERISA and Health Insurance Subrogation in all 50 States - 5th Edition


Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233291
Category: Law
Page: 1500
View: 9628

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ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.

Handbook on Erisa Litigation


Author: James F. Jorden,Waldemar J. Pflepsen (Jr.),W. Glenn Merten
Publisher: Wolters Kluwer Law & Business
ISBN: 1454862068
Category: Business & Economics
Page: 1070
View: 5522

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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 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!

Employee Benefits Law


Author: Jeffrey Lewis,Myron D. Rumeld,Ivelisse Berio LeBeau
Publisher: N.A
ISBN: 9781570189364
Category: Law
Page: N.A
View: 4029

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Governmental Plans Answer Book


Author: Carol V. Calhoun,Cynthia L. Moore,Keith Brainard
Publisher: Aspen Publishers
ISBN: 9781454886082
Category: Law
Page: 372
View: 6737

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Governmental Plans Answer Book, Fourth Edition, provides in-depth coverage of these complex plans, which must satisfy federal laws as well as pension, investment, and other laws of the applicable state or local governments. It is the one resource that takes you step by step through all the aspects of plan administration and compliance in this demanding practice area. Governmental Plans Answer Book gives you the most relevant, current, and practice-oriented answers to the issues you face daily as you navigate the requirements and procedures involved in administering plans.

ERISA Class Exemptions

Donald J. Myers, Michael B. Richman
Author: Donald J. Myers,Michael B. Richman
Publisher: BNA Books
ISBN: 9781570185410
Category: Law
Page: 2022
View: 446

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Section 1983 Litigation


Author: Schwartz
Publisher: Aspen Publishers Online
ISBN: 0471117617
Category: Law
Page: 4284
View: 8832

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In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.

University of Chicago Law Review: Volume 81, Number 2 - Spring 2014


Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 1610278658
Category: Law
Page: 440
View: 780

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The second issue of 2014 features articles and essays from recognized scholars. Contents include these Articles: • "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin • "Game Theory and the Structure of Administrative Law," Yehonatan Givati • "Habeas and the Roberts Court," Aziz Z. Huq • "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore • "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments: • "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack • "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

Employee Benefit Plans in a Nutshell


Author: Jay Conison
Publisher: West Academic
ISBN: 9780314150837
Category: Law
Page: 507
View: 6278

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This authoritative coverage provides the background needed to acquire a thorough understanding of employee benefits law. Text covers plan finance and taxation; economic aspects; regulations; ERISA (Employee Retirement Income Security Act) legislative background; vesting; participation, accrual, and non-interference; distribution; employee securities; employee stock ownership plans; preemption; nondiscrimination; and plan termination.

Qualified Domestic Relations Order Handbook


Author: Gary A. Shulman
Publisher: Aspen Publishers Online
ISBN: 0735559767
Category: Business & Economics
Page: 1168
View: 732

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Widely recognized as the definitive work on the topic, Qualified Domestic Relations Order Handbook, written by Gary A. Shulman, turns the most confusing QDRO issues into clear answers and step-by-step guidelines. Drawing on years of experience, Shulman steers you past the QDRO pitfalls, with expert tips, drafting checklists, and even a special chapter on 29 areas of high liability risk. In this volume you'll find: Comprehensive model separation agreement language that you can incorporate directly into decrees to ensure that all of the QDRO issues are properly addressed Guidance on how to "revoke" a QDRO that has already been approved by the plan administrator Guidance on how to draft and administer child support QDROs Dozens of tips on how to detect potentially hazardous deficiencies in the "company model" QDRO Detailed instructions and models for dividing federal and state government plans Why waste time and risk costly errors by working with scattered resources and partial information? With the Handbook, you'll save time as well as trouble. It provides fast, definitive resolutions to all your QDRO questions. And because it's designed for both attorneys and plan administrators, it helps you anticipate questions throughout the entire drafting and approval process. That means less guesswork, fewer delays and most importantly, less liability exposure. Qualified Domestic Relations Order Handbook provides everything you need to draft or administer QDROs promptly and accurately, with a superb toolkit of resources for attorneys and administrators, including: 21 QDRO models for all types of plans and conditions Step-by-step drafting guidelines Model language for specific circumstances Model discovery letters for requesting retirement plan information Sample correspondence Drafting and compliance checklists Company policies and procedures manual Appendices of related statutory provisions And much more! Qualified Domestic Relations Order Handbook has been updated to include: A new discussion dealing with the impact of same-sex marriage on QDROs, including the recent Supreme Court decision and guidance offered by the IRS and DOL Revised model QDROs for defined contribution plans that clarify their intent and expedite the review process from the plan administrator's perspective, as well as address some substantive issues, such as vesting, plan loans, and continued jurisdiction of the courts A new discussion regarding the effect of the participant's vesting status under a "Defined Contribution" plan An updated model QDRO for dividing Employee Stock Ownership Plans ("ESOPs") A discussion of how plan administrators should treat the vesting status of plan participants in QDROs

Paralegal Career For Dummies


Author: Scott A. Hatch,Lisa Zimmer Hatch
Publisher: John Wiley & Sons
ISBN: 9781118052976
Category: Law
Page: 384
View: 2040

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Apply important legal concepts and skills you need to succeed Get educated, land a job, and start making money now! Want a new career as a paralegal but don't know where to start? Relax! Paralegal Career For Dummies is the practical, hands-on guide to all the basics -- from getting certified to landing a job and getting ahead. Inside, you'll find all the tools you need to succeed, including a CD packed with sample memos, forms, letters, and more! Discover how to * Secure your ideal paralegal position * Pick the right area of the law for you * Prepare documents for litigation * Conduct legal research * Manage a typical law office Sample resumes, letters, forms, legal documents, and links to online legal resources. Please see the CD-ROM appendix for details and complete system requirements.

Employee Stock Ownership Plan Answer Book


Author: Brian M. Pinheiro,Ann M. Kim
Publisher: Aspen Publishers
ISBN: 9781454883647
Category: Business & Economics
Page: 428
View: 5225

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Employee Stock Ownership Plan Answer Book covers the many regulations, interpretations, rulings, and cases that seek to interpret the laws governing the design, administration, and operation of ESOPs. This practical manual focuses on the nuts and bolts of ESOP design and mechanics so that professionals can find new and creative uses for the ESOP model. Employee Stock Ownership Plan Answer Book is written in simple, straightforward language and avoids technical jargon, and includes citations of authority if additional research is required. Employee Stock Ownership Plan Answer Book has been completely updated and revised. Highlights of the Fifth Edition include: A summary of advantages and disadvantages of ESOPs, the various planning opportunities ESOPs present, and the significant risks that should be considered An outline of the legal requirements for structuring an ESOP, primarily arising from the Internal Revenue Code A discussion of the rules for deducting various amounts contributed to an ESOP, distinguishing how such rules differ from rules in other types of retirement plans A discussion of the complex fiduciary duties and relationships inherent in the unique structure of an ESOP. More than any other type of retirement plan, fiduciaries of ESOPs run the risk of engaging in prohibited self dealing The issues that arise in valuing companies owned in whole or in part by an ESOP A detailed description of the special tax advantages for shareholders who sell their shares to an ESOP in a transaction that satisfies Code Section 1042, usually as part of a corporate ownership succession strategy An overview of the securities laws implicated by the employer securities held within an ESOP An explanation of ESOP leveraging - perhaps the most unique of the features of an ESOP - which allows the ESOP to be used by the sponsoring employer to obtain tax-advantaged corporate financing An in-depth look at special issues arising in ESOPs sponsored by Subchapter S corporations A discussion of the many uses of ESOPs in corporate merger and acquisition transactions, and the special treatment that often must be afforded to the ESOP fiduciaries who control the disposition of the employer securities held by the ESOP Previous Edition: Employee Stock Ownership Plan (ESOP) Answer Book, Fourth Edition ISBN 9781454810315

ERISA Fiduciary Answer Book 7e


Author: FERRARA
Publisher: Aspen Publishers
ISBN: 9781454855972
Category: Law
Page: 856
View: 8682

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Be aware of your fiduciary responsibilities and how to handle them safely with ERISA Fiduciary Answer Book. This expert reference book clearly explains every aspect of ERISA fiduciary duty, providing information, guidance, and advice on prohibited transactions, investments, fiduciary liability, IRS, DOL, and PBGC requirements, and more. It answers more than 400 fiduciary-related questions, including: When are attorneys, accountants, consultants, and other professional service providers considered plan fiduciaries? What laws govern the conduct of fiduciaries? When is a fiduciary personally liable for a transaction prohibited by ERISA or the Internal Revenue Code? May a plan release a fiduciary from liability? What is the legal distinction between andquot;substantive prudenceandquot; and andquot;procedural prudenceandquot;? May a fiduciary face criminal liability for a breach of fiduciary duty? ERISA Fiduciary Answer Book has been updated to include: Update of the discussion on fiduciary status of custodians that handle plan assets Update on the trend away from finding trustees of Taft-Hartley funds to be fiduciaries when they perform a traditional settlor function Update on the fiduciary obligations of directed trustees Update on fiduciary status of insurance companies Discussion of the fiduciary status of an insurance company that maintained retained-asset accounts (RAAs) for life insurance beneficiaries Update on developing issues concerning a fiduciary's duty of loyalty Update on the fiduciary obligation to diversify investments A discussion of health care reform and multiemployer plans Update on equitable remedies under ERISA Section 502(a)(3) after the U.S. Supreme Court's ruling in CIGNA Corp. v. Amara. [131 S. Ct. 1866, 1871 (2011)] New developments under ERISA's anti-kickback provision Update on attorneys' fees awards under ERISA Update on new developments in the Moench presumption DOL guidance on fiduciary obligations in connection with target date funds Update on the fiduciary status of employers participating in Taft-Hartley funds Update on who is an employee in connection with Taft-Hartley funds

ERISA Fiduciary Law


Author: Susan P. Serota,Frederick A. Brodie
Publisher: BNA Books
ISBN: 9781570184956
Category: Law
Page: 1157
View: 7705

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Employment Litigation


Author: Susan Potter Norton,Jon W. Green
Publisher: American Bar Association
ISBN: 9781590315699
Category: Law
Page: 484
View: 2242

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This new addition to the Model Jury Instructions series provides clear and balanced instructions for presentation to juries in employment litigation. These models accurately and impartially present the elements and critical definitions of patent law in language that is understandable and familiar to the average juror. The instructions allow for easy adaptation to particular cases or points. A CD-ROM of the jury instructions is included with the book.

Growing in Love and Wisdom

Tibetan Buddhist Sources for Christian Meditation
Author: Susan J. Stabile
Publisher: Oxford University Press
ISBN: 0199862621
Category: Body, Mind & Spirit
Page: 260
View: 7831

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Susan Stabile, well-versed in both Tibetan Buddhist and Christian meditation techniques, demonstrates how Buddhist meditation practices can be fruitfully adapted to a Christian context.