Full Description
Circuits can vary significantly in their approach
to substantive and procedural ERISA issues. ERISA Survey of Federal
Circuits lets you become quickly acquainted with ERISA law of a
particular circuit. Leading ERISA cases by circuit are covered, along with
discovery trends, standard of review, and more.
In this comprehensive book designed as a resource
for litigators and clients with matters governed by the Employee Retirement
Income Security Act (ERISA), the authors have set forth, by federal circuit, a
description of major issues in ERISA litigation and case authority governing
those issues in each circuit. Each chapter contains a detailed review of the
following topics:
How the circuit determines if an ERISA plan
governs the dispute
ERISA preemption of state law
Exhaustion of administrative remedies
Standard of review of an administrator's
decision
Rules of plan interpretation
Discovery in ERISA cases
The scope of admissible evidence in ERISA
cases
Procedural aspects of ERISA matters
Available remedies, and
Fiduciary liability claims.
The 2026 Edition of ERISA Survey of
Federal Circuits is also revised to include an updated discussion of
the most recent and leading ERISA cases by circuit pertaining to the fiduciary
exception to the attorney-client privilege, procedures for adjudicating ERISA
claims, standards for recovery of attorneys' fees, statutes of limitation,
ERISA regulations and litigation over subrogation and reimbursement
rights. The book provides an easy desktop resource for
frequent ERISA litigators, those practitioners who simply need a recitation of
current case authority on a particular point or in-house counsel who need to
know how a court in a particular circuit will determine a thorny ERISA
litigation issue.
