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Riassunto: 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.
The Handbook on ERISA Litigation has been updated to include:
- Continuing developments in the courts as they implement the U.S. Supreme Court's decisions in key cases from 2008: Metropolitan Life Insurance Company v. Glenn, holding that an insurer that both funds an ERISA plan and exercises discretion in deciding claims is operating under a conflict of interest that must be weighed as a factor in determining whether there is abuse of discretion; and LaRue v. DeWolff, Boberg & Associates, Inc., holding that individual participants in defined contribution plans may sue for breach of fiduciary duty under ERISA § 409(a) when monetary relief is sought by less than all individual account holders
- The U.S. Supreme Court's decision in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan (2009), holding that a participant’s beneficiary designation contained in plan documents controlled over conflicting waiver of pension benefits in state divorce decree that did not amount to a QDRO
- Updated case surveys by circuit
- New cases addressing claims of fiduciary breach in connection with 401(k) plan fee- and revenue-sharing arrangements
- Updates on statutes of limitations applied to claims for plan benefits
- Significant developments in preemption analysis as applied to numerous state laws and claims, including mandatory health care benefits
The Handbook also includes a completely updated Table of Cases, as well as tables of Internal Revenue Code sections and ERISA sections, reflecting the additions and changes to the text.
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