ERISA Survey of Federal Circuits, 2024 Edition / Brooks R. Magratten, editor.

Format:

Book

Contributor:

Magratten, Brooks R., 1961- editor.

Language:

English

Subjects (All):

United States. Employee Retirement Income Security Act of 1974.

United States.

Pension trusts--Law and legislation--United States.

Pension trusts.

Actions and defenses--United States.

Actions and defenses.

Physical Description:

1 online resource (881 pages)

Edition:

First edition.

Place of Publication:

Chicago, Illinois : American Bar Association, [2024]

Summary:

This comprehensive guide explores the intricacies of the Employee Retirement Income Security Act (ERISA) across various circuits in the United States. It deeply examines the legal definitions, regulations, and case interpretations related to ERISA plans, including the determination of employee welfare plans, preemption of state laws, and fiduciary responsibilities. The book provides detailed insights into procedural aspects of ERISA practice, remedies for claims, and attorneys' fees. It aims to serve as a crucial resource for legal professionals, policymakers, and scholars interested in employee benefits law, offering practical guidance and analysis of ERISA-related litigation and regulatory developments. Generated by AI.

Contents:

Cover

Title Page

Copyright Page

Contents

Introduction

About the Editor

About the Authors

Chapter 1: First Circuit

I. What Constitutes an ERISA Plan?

A. Determining the Existence of an Employee Welfare Benefit Plan

B. Definition of “Employee” for ERISA Purposes

C. Interpretation of the Safe Harbor Regulation

D. Amount of Employer Involvement Required to Sustain an Employee Welfare Benefit Plan

E. Treatment of Multiple Employer Trusts and Welfare Agreements

F. De Facto Plan Administrators

G. Cases Addressing Government Plans

H. Cases Addressing Church Plans

II. Preemption

A. Scope of ERISA Preemption

B. Preemption of State Antisubrogation Laws

C. Preemption of Managed Care Claims

D. Preemption of Malpractice Claims

E. ERISA’s Insurance “Savings Clause”

F. Preemption of State Law Equitable Claims

III. Exhaustion of Administrative Remedies

A. Is Exhaustion an Absolute Requirement?

B. Exceptions to the Exhaustion Requirement

C. Consequences of Failure to Exhaust

D. Minimum Number of Levels of Administrative Review

E. Can a Defendant Waive a Failure-to-Exhaust Defense? Generated by AI.

Notes:

Title from eBook information screen..

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

ISBN:

9781639053919

1639053913

OCLC:

1434178980