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Labor and Employment Law Commons

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Full-Text Articles in Labor and Employment Law

Why Fight Fought?: A Missed Erisa Opportunity In The Ninth Circuit, Jill V. Cartwright Oct 2010

Why Fight Fought?: A Missed Erisa Opportunity In The Ninth Circuit, Jill V. Cartwright

Golden Gate University Law Review

This Note analyzes the United States Court of Appeals for the Ninth Circuit's standard of review in cases in which a conflicted administrator has denied benefits. Part I of this Note examines early standards of review prior to ERISA. Part II sets forth the split among the circuits in evaluating a conflicted administrator's denial of benefits and explains the Ninth Circuit's former standard. Part ill compares the Ninth Circuit's prior standard of finding such denials presumptively void with its recent holding in Abatie v. Alta Health & Life Insurance Company, in which the court effectively adopted a unique standard similar …


Hardt V. Reliance Standard Life Insurance Co., Don Bogan, Mark Debofsky, Mala Rafik May 2010

Hardt V. Reliance Standard Life Insurance Co., Don Bogan, Mark Debofsky, Mala Rafik

Donald T. Bogan

No abstract provided.


Conkright V. Frommert, Don Bogan, Paul Secuda Apr 2010

Conkright V. Frommert, Don Bogan, Paul Secuda

Donald T. Bogan

No abstract provided.


The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford Jan 2010

The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford

American Indian Law Review

No abstract provided.


Protecting Our Aging Retirees: Converting 401(K) Accounts Into Federally Guaranteed Lifetime Annuities, Lawrence A. Frolik Jan 2010

Protecting Our Aging Retirees: Converting 401(K) Accounts Into Federally Guaranteed Lifetime Annuities, Lawrence A. Frolik

Articles

America’s retirees are faced with a potential financial disaster. Economic security in retirement has long depended on Social Security, private savings and employer provided retirement plans. While much attention has been paid to the financial problems of Social Security and the lack of private saving for retirement, little attention has been paid to an alarming development in employer provided retirement plans: the likely inability of retirees during the long years of their retirement to successfully manage their retirement funds accumulated in 401(k) and similar accounts. We as a society have set up a funding system for retirement that assumes retirees …