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Erisa's Quantity Vs. Quality Doctrine: The Eighth Circuit Limits Recovery Against An Hmo By Completely Preempting State Law, Jeremy P. Brummond
Erisa's Quantity Vs. Quality Doctrine: The Eighth Circuit Limits Recovery Against An Hmo By Completely Preempting State Law, Jeremy P. Brummond
Missouri Law Review
Health Maintenance Organizations ("HMOs") were developed to facilitate the provision of effective care at low prices to plan members. To attain this purpose, HMOs have been required to act as both providers who administer care and gatekeepers who can deny access to care.3 The Employee Retirement Income Security Act ("ERISA"), praised as "the greatest development in the life of the American Worker since Social Security,"4 regulates plans administered by IMOs. Congress has stated explicitly that ERISA was enacted to promote the interests of employees and their beneficiaries in employee benefit plans.5 In drafting ERISA, Congress sought to protect plan beneficiaries …
Union-Negotiated Waivers Of An Employee's Federal Forum Rights To Statutory Claims: Are They An Effective Means To Exclusivity, Robert M. Smith
Union-Negotiated Waivers Of An Employee's Federal Forum Rights To Statutory Claims: Are They An Effective Means To Exclusivity, Robert M. Smith
Missouri Law Review
Virtually every collective bargaining agreement provides for the use of labor arbitration in the event that the employer, and the union representing the employee, are unable to reach a mutually agreeable result.' However, even after Wright v. Universal Maritime Service Corp.,3 it remains unclear whether an agreement to arbitrate can require arbitration to be an individual employee's exclusive forum for federal statutory claims. This Note analyzes the United States Supreme Court holding in Wright, and also analyzes both the case law leading up to the Court's decision, and the existing split among the federal circuits as to whether union-negotiated waivers …
Respecting Your Elders: The Highly Marketable Skills Standard For Social Security Disability Claimants Over Age Sixty, Thomas G. Pirmantgen
Respecting Your Elders: The Highly Marketable Skills Standard For Social Security Disability Claimants Over Age Sixty, Thomas G. Pirmantgen
Missouri Law Review
As individuals age, they may face barriers to obtaining employment that did not exist for them when they were younger. Age thus may become a factor in any assessment of the likelihood that persons will successfully find new work. For Social Security disability benefits claimants under age fifty, age is generally not considered to present an obstacle to adjusting to new employment contexts. However, for claimants over age fifty, age is acknowledged as a factor that may significantly impact their ability to adjust to new work