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ERISA Litigation, Fourth Edition, with 2013 Cumulative 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.

2011/1,530 pp. Hardcover/Order #9292P

Supplement Information 

The 2013 Cumulative Supplement provides important updates, including:

  • Implications of the Supreme Court’s decision in US Airways, Inc. v. McCutchen, along with Frommert and Amara, with respect to plan remedies
  • Further ramifications of the Supreme Court’s decisions in Amara and Wal-Mart Stores, Inc. v. Dukes on class action ERISA litigation
  • Litigation trends concerning 401(k) accounts, covering cases alleging failure to meet fiduciary obligations and that the plan incurred excessive fees
  • Detailed analysis of the standard of review when the plan has discretionary language, when it does not, and when a conflict of interest exists
  • Examination of preemption of state law claims under ERISA’s broad preemption clause, as well as how Amara has changed the landscape for ERISA estoppel claims
  • Consideration of when exhaustion of plan remedies is a prerequisite to a lawsuit
  • Cases examining the proper court response to denials of disability claims
  • Discussion of new EEOC regulations on age discrimination
  • Assessment of excessive fee litigation cases and other potential fiduciary concerns
  • Insight into the proper classification of workers—full-time versus part-time—as the basis for a significant number of cases
  • Review of the scope of discovery available in benefits cases 

2013/418 pp. Softcover/ISBN 978-1-61746-292-4/Order #2292

Main Volume Information

About the Authors
Jayne E. Zanglein teaches law and public policy 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 teaches law at the University of Pittsburgh School of Law, Pittsburgh, PA.

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 

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