Book

ERISA Litigation, Sixth Edition, with 2018 Supplement

This treatise supplies complete analysis of the issues in heavily litigated ERISA areas, including standard of review, preemption, fiduciary duties, pension plan investments, and retiree welfare benefits, as well as cutting-edge problem areas such as privacy, contingent workers, managed care, and RICO.


Description

ERISA cases are complex and often contain multiple issues that are difficult to untangle. ERISA Litigation is the practitioner’s all-in-one guide to this complicated field. Updated throughout, with significantly revised chapters on preemption, exhaustion of remedies, and retiree health plan chapters, it includes detailed analysis of: 

  • Types of ERISA plans (executive compensation, 401(k) plans, welfare plans, disability plans, church plans, retiree health plans, managed care plans, defined benefit plans, multi-employer plans, insurance plans, and ESOPs)
  • Substantive areas of law (benefit denials, spousal benefits, age discrimination, retaliation, misrepresentation, and plan amendments)
  • Procedural issues (preemption, jurisdiction, standing, venue, statutes of limitations, service of process, and exhaustion of remedies)
  • Remedies (legal and equitable remedies and preliminary injunctions)
  • Litigation issues (discovery, class actions, fee litigation, attorneys’ fees, work product and attorney client privileges)

The Sixth Edition includes discussion of regulatory changes (disability claims procedures and investment advice) and significant Supreme Court decisions issued since the last edition, including Tibble (statute of limitations), Gobeille (preemption), M&G Polymers (retiree healthcare), Montanile (remedies), Stapleton (church plans), Dukes (class actions), Windsor (DOMA), McCutchen (equitable remedies), Hobby Lobby (contraceptive coverage), Heimeshoff (statute of limitations), Fifth Third Bancorp (stock drop case), National Federation of Independent Business (PPACA), and Atlantic Marine Construction (forum selection clauses). 


The 2018 Supplement updates the treatise with highlights including:

  • An analysis of trends in fiduciary misrepresentation cases 
  • Examination of circuit level trends on the interpretation of “associated with a church” in church-plan litigation
  • Attorney's fees cases issued after Hardt
  • Retiree welfare plan cases issued after Reese
  • Updated coverage of DOL's disability claims regulations and the fiduciary rule
  • Analysis of trends concerning fee and investment prudence litigation in defined contribution plans 

SUMMARY OF CONTENTS

Part I. Procedural Issues

  • Chapter 1. Welfare Plans
  • Chapter 2. Pension Plans
  • Chapter 3. Plans Excluded
  • Chapter 4. Causes of Action
  • Chapter 5. Preemption and Removal
  • Chapter 6. Enumerated Parties
  • Chapter 7. Standing
  • Chapter 8. Derivative and Other Standing
  • Chapter 9. Potential Defendants
  • Chapter 10. Remedies
  • Chapter 11. Preliminary Relief
  • Chapter 12. Statutes of Limitations
  • Chapter 13. Exhaustion of Remedies
  • Chapter 14. Subject Matter Jurisdiction
  • Chapter 15. Service of Process
  • Chapter 16. Venue
  • Chapter 17. Personal Jurisdiction
  • Chapter 18. Jury Trials
  • Chapter 19. Attorneys’ Fees
  • Chapter 20. Standard of Review for Adverse Benefit Determinations
  • Chapter 21. Pretrial Discovery
  • Chapter 22. Attorney-Client Privilege and Work Product Doctrine
  • Chapter 23. Class Actions

Part II. Pension, Medical, and Other Benefits

  • Chapter 24. ACA/ERISA Litigation
  • Chapter 25. Wrongful Denial of Benefits
  • Chapter 26. Disability Benefit Claims
  • Chapter 27. Insurance Benefits
  • Chapter 28. Managed Care Litigation
  • Chapter 29. COBRA Litigation
  • Chapter 30. Spousal Rights
  • Chapter 31. Retiree Welfare Benefits

Part III. Issues Unique to Pension Plans

  • Chapter 32. Defined Benefit Plan Investments
  • Chapter 33. Amendment and Termination
  • Chapter 34. Fees and Expenses Litigation

Part IV. Discrimination

  • Chapter 35. Executive Compensation Litigation
  • Chapter 36. Contingent Workers and Employee Benefits
  • Chapter 37. Interference With Protected Rights
  • Chapter 38. Age Discrimination

Part V. Fiduciary Duties and Remedies

  • Chapter 39. Misrepresentation and Nondisclosure
  • Chapter 40. Estoppel as a Basis for Recovery for Misrepresentation
  • Chapter 41. Fiduciary Duties Regarding 401(k) and ESOP Investments in Employer Stock
  • Chapter 42. Civil RICO

Part VI. Multiemployer Plans

  • Chapter 43. Delinquency Actions
  • Chapter 44. Special Rules for Multiemployer Plans

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Jayne E. Zanglein is a professor and the Executive Director of the North Carolina Agricultural Mediation Program at Western Carolina University, Cullowhee, NC.

Sean Anderson is an assistant professor at the University of Illinois School of Law, Champaign, IL.

 

Brendan S. Maher teaches at the University of Connecticut School of Law and is a partner at Stris & Maher LLP, Dallas, TX.

 

Peter K. Stris is a partner at Stris & Maher LLP, Los Angeles, CA.

 

Lawrence A. Frolik is a professor at the University of Pittsburgh School of Law, Pittsburgh, PA.

 

Contents

View full tables of contents, preface or about the authors.

Reviews

Read what others have to say about this Bloomberg BNA book.

“More than 10,000 ERISA cases are filed annually in the federal courts. This comprehensive guide to ERISA litigation is designed for both the novice and experienced attorneys, with information detailed enough to lead them through the intricacies of the most complex case.”

Kendall F. Svengalis

Legal Information Buyer's Guide and Reference Manual 2017

 

“This comprehensive and well-organized volume is an essential acquisition for any attorney or law firm engaged in ERISA litigation.”

Kendall F. Svengalis

Legal Information Buyer’s Guide and Reference Manual 2017