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Articles 1 - 13 of 13
Full-Text Articles in Law
The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati
The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati
Nevada Law Journal
No abstract provided.
The Limitations Of Retirement Plan Law, Peter M. Van Zante
The Limitations Of Retirement Plan Law, Peter M. Van Zante
ExpressO
It is widely believed that employers determine whether or not their employees receive retirement benefits and the type and amount of any benefits that are received. This belief is mistaken. While sponsorship of a retirement plan is a voluntary choice on the part of the sponsoring employer and the sponsoring employer directly controls the type of plan and the level of benefits provided, the employer's choices on these matters are controlled by its employees' preferences for different forms of compensation. An employer must spend the funds available for employee compensation so as to provide its employees with those forms of …
The Supreme Court's Limitation Of Managed-Care Liability, Wendy K. Mariner
The Supreme Court's Limitation Of Managed-Care Liability, Wendy K. Mariner
Faculty Scholarship
This article summarizes and critiques the U.S. Supreme Court's decision in Aetna Health Inc. v. Davila, which limited managed care organizations' liability for negligent decisions about the care of patients in private employer-sponsored health plans governed by ERISA. It contrasts the Court's dichotomous view of health benefit plans, in which insurers administer contracts and treating physicians make medical judgments, with the more complicated relationships that affect decisions about both coverage and treatment.
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.
Reconsidering “Serious Consideration”: The Materiality Debate Under Erisa, Kristy Wrigley
Reconsidering “Serious Consideration”: The Materiality Debate Under Erisa, Kristy Wrigley
Saint Louis University Public 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.
Rush Prudential Hmo, Inc. V. Moran: 21 Or Bust! Does Erisa Preemption Give Hmos The Power To Gamble With Our Health?, Stephanie Reinhart
Rush Prudential Hmo, Inc. V. Moran: 21 Or Bust! Does Erisa Preemption Give Hmos The Power To Gamble With Our Health?, Stephanie Reinhart
Akron Tax Journal
Section II, Part A of this Note will discuss the history of ERISA law, including a look at what Congress intended to achieve in enacting such a broadly preemptive doctrine. Parts B and C will explain the complicated and highly technical provisions that make up ERISA as it pertains to health care benefits law. Finally, Part D will navigate several key cases leading up to the Rush decision and explain how each case contributed to the Court's decision. Following the background of ERISA law, Section III will discuss the facts of the Rush case, charting the journey that brought this …
A Plain Meaning Interpretation Of Erisa’S Preemption And Saving Clauses: In Support Of A State Law Preemption Of Section 1132(A) Of Erisa’S Civil Enforcement Provisions
San Diego Law Review
Most of that change has involved the direction in which the Court has taken its interpretation of the phrase “relate to” as contained in ERISA’s express preemption clause. Changing course after approximately twenty-five years of expansively interpreting the preemption clause, the Court has moved from a very broad interpretation of “relate to,” as announced in Pilot Life v. Dedeaux, to a more practical, case-by-case evaluation that principally asks whether a disputed state law interferes with ERISA’s purposes and objectives, as discussed in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co1 If the state …
Pension Law: Cash Balance Pension Plans Are Not Inherently Age Discriminatory: Cooper V. Ibm Personal Pension Plan Defies A Strong History Of Support For The Cash Balance Design, Allison C. Mcgrath
Pension Law: Cash Balance Pension Plans Are Not Inherently Age Discriminatory: Cooper V. Ibm Personal Pension Plan Defies A Strong History Of Support For The Cash Balance Design, Allison C. Mcgrath
Oklahoma Law Review
No abstract provided.
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Oklahoma Law Review
No abstract provided.
Lessons From The French Funding Debate, Kathryn L. Moore
Lessons From The French Funding Debate, Kathryn L. Moore
Law Faculty Scholarly Articles
The French retirement system, like the American social security system, is facing long-term funding difficulties. As a result, the French are debating whether to expand the role of pre-funded retirement plans. The economic arguments presented in this debate are virtually identical to the economic arguments presented in the American debate on whether the American social security system should be partially privatized.
The French and American debates, however, diverge once history and ideology are considered. The French have a history of failed funded pensions in contrast to the United States where the failure of prominent underfunded pension led to the enactment …