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Retirement Security Law Commons

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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 Sep 2019

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 Jan 2014

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 Dec 2012

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 Sep 2008

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 Oct 2001

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 Apr 2001

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 Apr 2001

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 Apr 2001

Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson

Buffalo Law Review

No abstract provided.


The Limits Of Saving, Pamela Perun Apr 2001

The Limits Of Saving, Pamela Perun

Buffalo Law Review

No abstract provided.


Nor Rhyme Nor Reason: Simplifying Defined Contribution Plans, David A. Pratt Apr 2001

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 Apr 2001

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 Jan 2001

"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 Dec 1999

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 Oct 1999

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 Apr 1999

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 Apr 1990

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 Apr 1986

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 Oct 1983

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 Apr 1983

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 Jan 1983

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.