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ERISA Litigation, Fourth Edition, with 2012 Supplement

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Clear and concise analysis of this complex area of employee benefits litigation  

ERISA cases are complex and often contain multiple issues that are difficult to untangle in order to analyze and litigate each issue effectively. ERISA Litigation, Fourth Edition supplies complete analysis of the developments in heavily litigated areas such as standard of review, preemption, fiduciary duties, pension plan investments, and retiree welfare benefits, as well as of cutting-edge problem areas such as privacy, contingent workers, managed care, and RICO.  

ERISA Litigation covers recent Supreme Court decisions that affect benefits, including CIGNA Corp. v. Amara, Hardt v. Reliance Standard Life Insurance Co., Conkright v. Frommert, Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, and others. In addition, it takes into account changes in pleading requirements as a result of the Supreme Court’s decision in Ashcroft v. Iqbal; the availability of remedies after Amara and LaRue v. DeWolff, Boberg & Associates; factors applicable to the determination of attorneys’ fees after Hardt; the appropriate standard of review after Metropolitan Life Insurance Co. v. Glenn and Frommert; and the proliferation of mutual fund fees cases and class actions.

Experienced ERISA attorneys and some of the leading ERISA litigators in the nation serve as contributors on chapters relevant to their practice areas. Topics discussed in the Fourth Edition include Amara’s holding that plan terms trump summary plan descriptions (SPDs), as well as the decision’s effect on remedies to redress faulty SPDs; the fact that erroneous interpretations of plan terms do not strip a plan administrator of discretionary authority in subsequent related decisions, under Frommert; ongoing developments in class action litigation and fiduciary duty litigation, especially in 401(k) and employee share ownership plan investments in employer stock; and fees and expenses litigation in defined contribution plans.


Supplement Information 

The 2012 Supplement provides important updates, including:

  • A new chapter on executive compensation litigation
  • Conflicts of interest after Metropolitan Life Insurance Co. v. Glenn
  • The impact of Wal-Mart Stores, Inc. v. Dukes on ERISA class actions
  • Attorneys’ fees post-Hardt v. Reliance Standard Life Insurance Co.
  • The fiduciary exception after United States v. Jicarilla Apache Nation
  • Information on preemption, standing, retiree health claims, excessive fee litigation, and withdrawal liability 

Main Volume Information

2011/1,530 pp. Hardcover/Order #9058P


Supplement Information

2012/Softcover/ISBN 9781617460586/Order #2058

Main Volume Information

About the Authors
Jayne E. Zanglein teaches law and mediation at Western Carolina University. Previously she served as Provost of the National Labor College and was the J. Hadley Edgar Professor of Law at Texas Tech University School of Law. 

Lawrence A. Frolik

Susan J. Stabile is the Robert and Marion Short Distinguished Chair in Law, University of St. Thomas School of Law. She was formerly the Dean George W. Matheson Professor of Law at St. John’s University School of Law. 

 


Supplement Information 

Jayne E. Zanglein, Lawrence A. Frolik, and Susan J. Stabile