Labor & Employment Law

ERISA -- An academic analysis
Paul Secunda (Associate Professor, Marquette University Law School) has posted on SSRN his article entitled Sorry, No Remedy: The Grand Irony of ERISA. Here is an abstract of the article: Although all legal regimes result in some inevitable inequities occurring...

Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
Paul Secunda, the law professor formerly known as the workplace prof, has a new law review article out on the “wrong without a remedy” aspect of ERISA litigation, which is the fact that the broad scope of preemption can combine with the limited range of remedies available under ERISA in a way that makes some alleged wrongs involving employee benefit plans simply not redressable...

Chronological Summary of all the Major Benefits Legislation enacted since ERISA.
For you ERISA-types out there, I found this post which links to a document in PDF that is a "Chronological Summary of all the Major Benefits Legislation enacted since ERISA."A Very Handy List from BenefitsblogA TAX, BENEFITS AND ERISA LAW COMMENTARY BY B...

One ERISA Lawsuit Settled, Another ERISA Lawsuit Filed
Columbus, OH: Employees who have seen their stock options decline dramatically in value of late may take heart that some companies are settling ERISA stock option claims. Merrill Lynch is one such company that is settling lawsuits alleging the company violated ERISA law and breached its fiduciary duty to employees.

CA1: DOJ employee loses ERISA claim on procedural and ERISA grounds
Serreze Desrosiers v. Hartford Life, No. 06-2609. Starting at the top with a garden-variety denial-of-long-term disability benefits ERISA case. What sets this apart is the plaintiff is an attorney that worked at the US Trustees?s Office...

ERISA and Mom
  ERISA and Mom   Written by: Bob Toth   ERISA wonks such as ourselves tend to get lost in the press of details which seem to flow non-stop from our regulators and legislators in D...

Extraterritorial Application of ERISA
Ever wonder about ERISA’s effect on benefits provided to employees assigned to overseas’ posts? Didn’t think so. But Paul Secunda has.

Trevino on ERISA Litigation
Erisa Misrepresentation and Nondisclosure Claims: Securities Litigation Under the Guise of Erisa?, by Clovis Trevino, Geogetown University Law Center, was recently posted on SSRN. Here is the abstract: As a result of recent corporate scandals and dramatic market downturns, many...

Supreme Court Considers Another Case On ERISA Remedies
As noted below, on February 20, the U.S. Supreme Court clarified a remedy issue under ERISA. Employees can sue under ERISA Section 502(a)(2) for fiduciary breaches that impair the value of assets in a 401(k) account...

Conflicts of Interest Added to Judicial Review of ERISA Denials.
Most if not all ERISA plan administrators for participating employers are also the ones who pay the benefits available under the ERISA plan. Employers have an interest in paying the smallest lawful amount of beneifts, and it bears repeating that...

COBRA Continuation of Healthcare Coverage after Layoff
Pensions and Health Care Coverage for Dislocated Workers

ERISA Pension Benefits after Termination
Employee Retirement Income Security Act of 1974

Grand River Dam Authority
Faces Class Action over Flood Damage

MRV Communications, Inc. 401(k) / ERISA Stock Fraud
MRV Communications, Inc. 401(k) / ERISA Stock Fraud

Texron Inc 401(k) / ERISA Stock Fraud
Texron Inc 401(k) / ERISA Stock Fraud

MGM Mirage 401(k) / ERISA Stock Fraud
MGM Mirage 401(k) / ERISA Stock Fraud

Rentech, Inc, 401(k) / ERISA Stock Fraud
Rentech, Inc, 401(k) / ERISA Stock Fraud

PrivateBancorp, Inc 401(k) / ERISA Stock Fraud
PrivateBancorp, Inc 401(k) / ERISA Stock Fraud