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Articles 1 - 9 of 9
Full-Text Articles in Law
Erisa Federal Preemption Problem With A State-Based Solution: The Need For Regulatory Subdivision In Employee Benefits, Mariya Starchevsky
Erisa Federal Preemption Problem With A State-Based Solution: The Need For Regulatory Subdivision In Employee Benefits, Mariya Starchevsky
Louis Jackson National Student Writing Competition
No abstract provided.
Stuck In Unfriendly Skies: How The Seventh Circuit’S Decision In Summers V. State Street Bank & Trust Company Left United Airlines Employees With Nothing But Hot Air, Jeffrey P. Swatzell
Stuck In Unfriendly Skies: How The Seventh Circuit’S Decision In Summers V. State Street Bank & Trust Company Left United Airlines Employees With Nothing But Hot Air, Jeffrey P. Swatzell
Seventh Circuit Review
In Summers v. State Street Bank & Trust Company, the United States Court of Appeals for the Seventh Circuit was asked whether State Street Bank & Trust Company, a directed trustee of United Airlines’ employee stock ownership plan, acted imprudently by failing to cause the plan to sell its United stock after the company suffered massive financial losses in the aftermath of the September 11, 2001 terrorist attacks. Ultimately, the court found that although State Street, as a directed trustee, was bound by certain fiduciary duties under ERISA, it did not act imprudently by continuing to follow the named …
Conflict Of Interest And The Standard Of Review In Erisa Cases: The Seventh Circuit’S Refusal To Acknowledge What Other Circuits Already Know, Barbara C. Long
Conflict Of Interest And The Standard Of Review In Erisa Cases: The Seventh Circuit’S Refusal To Acknowledge What Other Circuits Already Know, Barbara C. Long
Seventh Circuit Review
The Supreme Court's decision in Firestone v. Bruch required that conflicts of interest by a plan administrator be "weighed as a factor in determining whether there is an abuse of discretion" in the decision to deny benefits. Nearly every circuit court of appeals, except the Seventh Circuit, has determined that where the plan administrator is also the funder or insurer of a plan, there is an inherent conflict of interest that warrants adjusting the standard of review. This article discusses the Seventh Circuit's reasons for departing from the wisdom of the other circuit courts, and why its reasons are unjustifiable.
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmo's Impenetrable Erisa Shield, Charlotte Johnson
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmo's Impenetrable Erisa Shield, Charlotte Johnson
Louis Jackson National Student Writing Competition
No abstract provided.
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Chicago-Kent Law Review
This Note discusses Enron's lockdown of its 401(k) plan, the effect this decision had on Enron employees' pension funds, and the legal implications of this decision under the current statutory framework, ERISA. It describes the lawsuit filed by Enron employees in an attempt to recover some of the lost funds, as well as the probability of success for that action specifically and similar actions under ERISA in the future.
The Changing World Of Employee Benefits, Maria O'Brien Hylton
The Changing World Of Employee Benefits, Maria O'Brien Hylton
Chicago-Kent Law Review
The employee benefits picture, at least for many plan participants and some plan sponsors, is a scary and bleak one. The number of workers with pension coverage is declining, health insurance rates are rising much faster than the rate of inflation, and the number of uninsured continues to rise as well. The decline in union density, the recent boost given by the U.S. Supreme Court to Any Willing Provider ("AWP") laws, and the deluge of recent benefits-related scandals are also all part of this landscape. This Article examines each of these issues, with a focus on reforms that would increase …
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
Chicago-Kent Law Review
No abstract provided.
Erisa §404( C ) And Investment Advice: What Is An Employer Or Plan Sponsor To Do?, Stephanie Kastrinsky
Erisa §404( C ) And Investment Advice: What Is An Employer Or Plan Sponsor To Do?, Stephanie Kastrinsky
Louis Jackson National Student Writing Competition
No abstract provided.
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Louis Jackson National Student Writing Competition
No abstract provided.