Wednesday, April 10, 2013
Craig C. Martin & Amanda S. Amert, ERISA Benefits Litigation Answer Book (PLI 2013). Here's the publisher's notes:
The 1974 enactment of [ERISA] brought to the federal courts an array of claims that had previously been decided under a patchwork of state and local laws. The many subsequent changes in employee retirement options and the resulting federal regulations have created a complex legal web for attorneys to navigate. The newly published ERISA Benefits Litigation Answer Book 2013 provides a comprehensive overview of this important area. Using a straightforward Q&A format, it describes the:
- Causes of action under ERISA
- Types of actions allowed in federal court, including class actions
- Fiduciary duties mandated under ERISA, and what constitutes a breach
ERISA Benefits Litigation Answer Book 2013 fully describes the legal requirements of, defenses to, and unique aspects of each of the following types of litigation that is brought under the Act: stock drop, ESOP, cash balance plan, prohibited transaction, fee, recovery of benefits due under a plan, multi-employer plan, managed care plan, and discrimination and interference with benefits rights. In addition, this comprehensive volume provides separate chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.