Handbook on erisa litigation

In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a disputeExceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption lawsThe procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases "Handbook on ERISA Litigation "has been updated to include: The U.

Supreme Court's decision in U. Airways v. McCutchen addressing important issues regarding 1 the supremacy of ERISA plan terms over unjust enrichment or other equitable principles and 2 the common fund rule providing a default rule where a plan is silent on the allocation of attorneys' fees when the plan seeks reimbursement of amounts paid to a participant from a third-party tortfeasorUpdated case surveys by circuitCases addressing the teachings of CIGNA Corp. Amara U.

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Be the first to start one ». In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The U.

McCutchen addressing important issues regarding 1 the supremacy of ERISA plan terms over unjust enrichment or other equitable principles and 2 the common fund rule providing a default rule where a plan is silent on the allocation of attorneys' fees when the plan seeks reimbursement of amounts paid to a participant from a third-party tortfeasor Updated case surveys by circuit Cases addressing the teachings of CIGNA Corp.

The book focuses not only on doing what is legal or what is right--the two are both important but not always the same--but also on how to make a compliance program actually work. The book is organized in a sequence that follows how to approach a compliance program. It gives the compliance officer, consultant, or attorney a good grounding in the basics of compliance law. This includes such things as the rules about corporate and individual liability, an understanding of the basics of the key laws that impact companies, and the workings of the U.

Sentencing Guidelines. Successful programs also require an understanding of educational techniques, good communication skills, and the use of computer tools. The effective compliance program also takes into account how to deliver messages using a variety of media to reach employees in different locations, of different ages or education, who speak different languages. Note: Online subscriptions are for three-month periods. Author : Maynard G. This handbook offers a concise, readable explanation of applicable federal and state laws and is especially popular with lawyers who want quick answers to employment questions - their clients' and their own.

It will also help small employers in the private sector become more aware of the regulations that govern working conditions and the employer-employee relationship, including regulation of hours of work and payment of wages, health and safety standards, and employee retirement benefits.

A single-source reference, it is completely updated, reorganized, and expanded to cover the entire employment relationship from hiring through termination. A Category: Law libraries Page: N. Author : Franklin D. For ease and convenience, the material in this new Handbook has been organized to correspond with actual rule citations.

Therefore, if a practitioner knows the particular rule citation under consideration, he or she need only find the corresponding section citation in this Handbook for a discussion of the particular rule.

The Fourth Edition cites per curiam opinions issued by the state Supreme Court and also provides federal case law construing the federal rules of civil procedure. As the practitioner knows, West Virginia's rules of civil procedure are patterned after the federal rules. With this knowledge in mind, the Handbook offers as persuasive authority federal decisions construing the federal rules. As a practical matter, the Handbook limits its use of federal case law to areas that the state Supreme Court has not issued controlling opinions upon.

This Handbook is an invaluable tool for both the bench and bar. Author : Rory J. This has resulted in a great source of increased work for the profession. The third edition of Practical Handbook for Professional Investigators continues to supply an up-to-date, nuts-and-bolts learning tool for students and an everyday reference for investigative professionals at all levels. Author : Roman L.