ERISA Reimbursement Claims Survival Guide | The American Association For Justice

ERISA Reimbursement Claims Survival Guide

Litigation Packet: Document Details

Packet Name: ERISA Reimbursement Claims Survival Guide

Updated Date: 5/4/2016 | Created Date: 6/1/2008 | Number of Pages: 1793
Summary of Packet:
  • What plaintiff attorneys should know to protect their client and themselves when confronting ERISA reimbursement claims
  • Addresses issues such as information to obtain at case intake, determining what your client owes, negotiating the claim, defenses and limitations on insurer recovery, ethical considerations, identifying ERISA plans, attorney fees and the common fund rule, the make-whole doctrine, the meaning of “appropriate equitable relief,” anti-subrogation statutes, ERISA preemption, conflicted administrators, insured versus self-funded plans, social security disability issues, and traditional equitable defenses
  • Provides plaintiff attorneys tools for handling these reimbursement claims, and includes statutes and regulations, case law and case summaries, court documents, a sample letter, AAJ Education speaker papers, and more
  • Case law includes Sereboff, and pre- and post-Sereboff decisions, including U.S. Airways, Inc. v. McCutchen, and Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan.
Access to the AAJ Exchange and Litigation Packets is restricted to plaintiff attorneys who are AAJ Regular, Sustaining, Life, Presidents Club, or Leaders Forum members.