The federal circuit courts can vary significantly in their approach to substantive and procedural ERISA issues. Now fully updated, this is the most current resource available to the practitioner who needs to become quickly acquainted with ERISA law of a particular circuit. It addresses issues that frequently arise in the prosecution and defense of claims for ERISA-regulated benefits. Written following a standard template, each chapter covers the approach to ERISA law by each of the eleven federal circuit courts and the DC Circuit Court. The 2016 edition of ERISA Survey of Federal Circuits is completely revised and updated to include:* Updated discussion of the most recent and leading ERISA cases by circuit* Analysis of the leading standard of review decisions* Recent ERISA discovery trends* Discussion of the Fiduciary Exception to the Attorney Client Privilege* Examination of disability claims based on the Risk of Relapse* Consideration of the consequences of a failure to make a timely request for administrative review* Review of circuit-by-circuit approaches to common plan and policy provisions
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Sprache
Verlagsort
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Produkt-Hinweis
Maße
Höhe: 251 mm
Breite: 179 mm
Dicke: 38 mm
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ISBN-13
978-1-63425-368-0 (9781634253680)
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Schweitzer Klassifikation
Brooks R. Magratten is a partner in Pierce Atwood, LLP's Providence, Rhode Island and Boston, Massachusetts offices. He represents insurers and fiduciaries in ERISA litigation in the northeastern United States.
Table of Contents Chapter 1: First Circuit Chapter 2: Second Circuit Chapter 3: Third Circuit Chapter 4: Fourth Circuit Chapter 5: Fifth Circuit Chapter 6: Sixth Circuit Chapter 7: Seventh Circuit Chapter 8: Eighth Circuit Chapter 9: Ninth Circuit Chapter 10: Tenth Circuit Chapter 11: Eleventh Circuit Chapter 12: D.C. Circuit Table of Cases Index Each chapter contains the following sections: I. What Constitutes an ERISA Plan? II. Preemption III. Exhaustion of Administrative Remedies IV. Standard of Review VI. Discovery VII. Evidence VIII. Procedural Aspects of ERISA Practice IX. Remedies X. Fiduciary Liability Claims XI. Attorneys' Fees XII. ERISA Regulations XIII. Cases Interpreting ERISA Statutes of Limitation XIV. Subrogation Litigation XV. Miscellaneous