Benefit Plans Disputes
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Benefit Plans Disputes
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Author : Morris Stone
language : en
Publisher:
Release Date : 1976
Benefit Plans Disputes written by Morris Stone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Arbitration, Industrial categories.
Handbook On Erisa Litigation
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Author : James F. Jorden
language : en
Publisher: Wolters Kluwer
Release Date : 2015-12-15
Handbook On Erisa Litigation written by James F. Jorden and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-15 with Business & Economics categories.
Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. 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 impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Handbook On Insurance Coverage Disputes
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Author : Barry R. Ostrager
language : en
Publisher: Aspen Publishers Online
Release Date : 2012-12
Handbook On Insurance Coverage Disputes written by Barry R. Ostrager and has been published by Aspen Publishers Online this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12 with Law categories.
In today's insurance coverage litigation environment, the practitioner who needs to determine what is--and is not--covered under various policy provisions is up against some formidable challenges. Literally thousands of cases on insurance issues find their way into courtrooms every year, and the decisions can be as difficult to decipher as they are to track. Find the authoritative guidance you need with Ostrager and Newman's Handbook on Insurance Coverage Disputes. This three-volume resource helps you quickly and easily pinpoint detailed analysis of lead cases in key jurisdictions, provides excerpts from standard insurance policies, including critical commentary on key provisions, and offers insights into planning and implementation of successful litigation strategies. Ostrager and Newman's Handbook on Insurance Coverage Disputes, Sixteenth Edition addresses today's critical coverage issues, such as: The Insurer's Duty to Defend Trigger and Scope of Occurrence-Based Coverage Bad Faith and Wrongful Refusal to Settle Property Insurance Rights and Obligations of Co-Insurers Insurability of Punitive Damages Excess Insurance and Analysis of Pollution Exclusions Directors and Officers Coverage Employee Discrimination and Sexual Harassment Claims Make the Handbook on Insurance Coverage Disputes your one-stop source for the current state of the law on: The effect of a reservation of rights letter...disclaimer and denials of coverage The rules governing all aspects of giving notice of a claim including mechanics of language and timelines Effect of misrepresentations and omissions in insurance applications Reverse bad faith and contributory bad faith Reinsurance The legal issues presented in litigation involving hazardous waste and environmental cleanup Coverage provided by general liability insurance, including personal injury and advertising injury coverage Rules for apportioning the cost of defense among insurers
Searching For A Participants Bill Of Rights Under Erisa
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Author : United States. Congress. House. Select Committee on Aging. Subcommittee on Retirement Income and Employment
language : en
Publisher:
Release Date : 1993
Searching For A Participants Bill Of Rights Under Erisa written by United States. Congress. House. Select Committee on Aging. Subcommittee on Retirement Income and Employment and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.
Ahla Health Plan Disputes And Litigation Practice Guide Non Members
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Author :
language : en
Publisher:
Release Date : 2016
Ahla Health Plan Disputes And Litigation Practice Guide Non Members written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Be prepared for an increase in health plan-related litigation.The passage of the Affordable Care Act has led to numerous changes to the delivery of health care, including new marketplaces to purchase insurance to cover health care expenses. As more people become insured, their health plan decisions become even more important to them and to the health plan industry in general. While health plans are moving to take advantage of the changes, the likelihood for an increase in lawsuits involving health plans, their clients, and others involved with the delivery of health care becomes greater.Expert guidance for informing your counsel.Experienced practitioners Joseph Scott Schoeffel and Julie A. Simer provide thorough treatment of those areas likely to give rise to disputes. This just-released book will be a welcome addition to the libraries of both new practitioners in this area, and veteran practitioners alike. The authors answer the important questions critical to an understanding of this area:Who is the client?Is the dispute a managed care issue?Is the plan covered by ERISA? What are the implications?What are the causes of action against a health plan?What causes of action may be asserted by the health plan?What are the common reasons for denial of coverage?What defenses are available against an ERISA claim?When may the arbitration be required?Comprehensive coverage of the most frequently litigated areas.The authors of this publication have included the hottest litigated topics including:Denial of benefitsThe Employee Retirement Income Security Act of 1974 (ERISA) and whether it preempts the question in contentionThe failure of providers to demand co-payments from their patientThe numerous defenses that may be available to defeat ERISA-based claimsContext for your caseImportant background is included to provide context for any case that arises.Types of managed care organizations, including Health Maintenance Organizations, Preferred ProviderOrganizations, and others The nature of employer sponsored health plans and the impact on those by ERISAQuestions that must be considered prior to filing a lawsuit against the plan - such as venue, the limited remedies available under the law, and the distinction between insurance governed by the states as opposed to ERISACauses of action that arise under ERISA, as well as the defenses that may be asserted to defeat a claimThe publication also includes relevant documents, case summaries and a litigation decision tree.
Erisa Benefits Litigation Answer Book 2018
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Author : Craig C. Martin
language : en
Publisher:
Release Date : 2018-02-06
Erisa Benefits Litigation Answer Book 2018 written by Craig C. Martin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Pension trusts categories.
ERISA Benefits Litigation Answer Book provides a comprehensive overview, in question and answer format, of the various causes of action the Employee Retirement Income Security Act provides to remedy violations of the statute, enforce the terms of a benefit plan, or provide other relief to a plan, its participants or its fiduciaries.Written by a team of authors with many years of ERISA litigation experience, and filled with practical illustrations and tips, ERISA Benefits Litigation Answer Book describes the legal requirements of, defenses to, and unique aspects of litigation involving: stock drops, ESOPs, cash balance plans, prohibited transactions, 401(K) fees, recovery of benefits due under a plan, multi-employer plans, managed care plans, and discrimination and interference with benefits rights. Also covered are chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.
Erisa Preemption Remedies For Denied Or Delayed Health Claims
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Author : United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies
language : en
Publisher:
Release Date : 1999
Erisa Preemption Remedies For Denied Or Delayed Health Claims written by United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Business & Economics categories.
Effective Health Care Reform In A Changing Marketplace
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Author : United States. Congress. Senate. Committee on Labor and Human Resources
language : en
Publisher:
Release Date : 1995
Effective Health Care Reform In A Changing Marketplace written by United States. Congress. Senate. Committee on Labor and Human Resources and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.
Monthly Labor Review
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Author :
language : en
Publisher:
Release Date : 1961
Monthly Labor Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Labor laws and legislation categories.
Publishes in-depth articles on labor subjects, current labor statistics, information about current labor contracts, and book reviews.
The Termination Report Of The National War Labor Board Industrail Disputes And Wage Stabilization In Wartime
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Author : United States. National War Labor Board (1942-1945)
language : en
Publisher:
Release Date : 1947
The Termination Report Of The National War Labor Board Industrail Disputes And Wage Stabilization In Wartime written by United States. National War Labor Board (1942-1945) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1947 with Arbitration, Industrial categories.