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Articles 1 - 20 of 20
Full-Text Articles in Retirement Security Law
The Venue Shuffle: Forum Selection Clauses & Erisa, Christine P. Bartholomew, James A. Wooten
The Venue Shuffle: Forum Selection Clauses & Erisa, Christine P. Bartholomew, James A. Wooten
Journal Articles
Forum selection clauses are ubiquitous. Historically, the judiciary was hostile to contracts limiting a plaintiff’s venue options. The tide has since turned. Today, lower courts routinely enforce such clauses. This Article challenges this reflexive response in the special context of ERISA cases. It mines ERISA’s statutory text, rich legislative history, and historical context to supply an in-depth exploration of ERISA’s unique policy goal of providing employees “ready access to the Federal courts.” The Article then explains how forum selection clauses undermine this goal and thus should be invalid under controlling Supreme Court jurisprudence.
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
Journal Articles
This essay, prepared in connection with the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, examines ERISA’s regime for administering benefit claims and, in particular, the requirement that participants exhaust their plan’s review procedures before filing suit to recover benefits. Like other key elements of ERISA’s claims regime, the exhaustion requirement is a judicial creation that is not articulated in ERISA’s text. Interestingly, former congressional staffers who attended the Symposium said they assumed participants would be required to exhaust plan review procedures but failed to include such a requirement in the legislation. After reviewing the development of …
Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin
Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin
Buffalo Law Review
No abstract provided.
Trial And Error: Examining Erisa § 514(A) Preemption Of Employer "Fair Share" Laws In The Aftermath Of Golden Gate Restaurant Association V. City And County Of San Francisco, Daniel Ranellone
Buffalo Public Interest Law Journal
No abstract provided.
Distinguishing Between Coverage And Treatment Decisions Under Erisa Health Plans: What's Left Of Erisa Preemption?, Phyllis C. Borzi
Distinguishing Between Coverage And Treatment Decisions Under Erisa Health Plans: What's Left Of Erisa Preemption?, Phyllis C. Borzi
Buffalo Law Review
No abstract provided.
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Buffalo Law Review
No abstract provided.
Cross-Tested Defined Contribution Plans: A Response To Professor Zelinsky, Peter Orszag, Norman Stein
Cross-Tested Defined Contribution Plans: A Response To Professor Zelinsky, Peter Orszag, Norman Stein
Buffalo Law Review
No abstract provided.
Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson
Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson
Buffalo Law Review
No abstract provided.
The Limits Of Saving, Pamela Perun
Nor Rhyme Nor Reason: Simplifying Defined Contribution Plans, David A. Pratt
Nor Rhyme Nor Reason: Simplifying Defined Contribution Plans, David A. Pratt
Buffalo Law Review
No abstract provided.
Is Cross-Testing A Mistake? Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Is Cross-Testing A Mistake? Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Buffalo Law Review
No abstract provided.
"The Most Glorious Story Of Failure In The Business": The Studebaker-Packard Corporation And The Origins Of Erisa, James A. Wooten
"The Most Glorious Story Of Failure In The Business": The Studebaker-Packard Corporation And The Origins Of Erisa, James A. Wooten
Journal Articles
The Studebaker-Packard Corporation occupies a distinctive place in the lore of the Employee Retirement Income Security Act of 1974. No single event is more closely associated with ERISA than the shutdown of the Studebaker plant in South Bend, Indiana. Soon after the plant closed in December 1963, Studebaker terminated the retirement plan for hourly workers, and the plan defaulted on its obligations. The plight of Studebaker employees quickly emerged as a symbol of the need for pension reform. This article examines the history of the Studebaker-Packard Corporation to understand why and how the shutdown came to play a role in …
The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten
The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten
Other Scholarship
No abstract provided.
Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland
Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland
Buffalo Law Review
No abstract provided.
Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer
Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer
Buffalo Law Review
No abstract provided.
In Defense Of Union Involvement In Worker Ownership, Toni Delmonte
In Defense Of Union Involvement In Worker Ownership, Toni Delmonte
In the Public Interest
No abstract provided.
The Concept Of Distributive Share In Worker Ownership Schemes, Vincent Gugino
The Concept Of Distributive Share In Worker Ownership Schemes, Vincent Gugino
In the Public Interest
No abstract provided.
A Perspective Of The Qualified Plan Tax Subsidy, Michael A. Oberst
A Perspective Of The Qualified Plan Tax Subsidy, Michael A. Oberst
Buffalo Law Review
No abstract provided.
Erisa: Is Employee Retirement Income Really Secure?, Richard D. Furlong
Erisa: Is Employee Retirement Income Really Secure?, Richard D. Furlong
In the Public Interest
No abstract provided.
The Multiemployer Pension Plan Amendment Act Of 1980: The Defeat Of Employer Reliance Interests In Peick V. Pension Benefit Guaranty Corporation, Alan J. Bozer
Buffalo Law Review
No abstract provided.