Find Lawyers in Arkansas, United States for Litigation - ERISA
Mr. Cate is a managing member and litigation attorney in the firm’s Northwest Arkansas office. His practice focuses on commercial litigation, including litigation concerning ERISA, employment, mortgage servicing, real estate, media law, eminent domain, products liability, and class action defense. His experience includes representing defendants in putative class actions filed in Arkansas and Missouri regarding Internet practices, defending a national mortgage servicer in a putative clas...
E. B. (Chip) Chiles IV is a Managing Member of Quattlebaum, Grooms & Tull PLLC. Mr. Chiles focuses on business-related dispute resolution, including trial and appellate practice in state and federal courts. His most recent jury-trial successes include defending a convenience-store owner/operator against a former employee’s allegations of malicious prosecution and securing judgment for a family-owned business against two former employees and their new employer on a variety of contrac...
Litigation - ERISA Definition
The Employee Retirement Income Security Act of 1974 (commonly known as “ERISA”) governs pension and welfare benefit plans offered by private employers and protects the rights of participants and beneficiaries in these plans. The public enforcement of ERISA provisions is handled by the Department of Labor, the Department of the Treasury (particularly the Internal Revenue Service), and the Pension Benefit Guaranty Corporation. Litigation between private parties under ERISA is subject to an intricate and complex federal enforcement scheme that has been repeatedly honed and construed by the Supreme Court and lower federal courts.
Lawsuits arising under ERISA include disputes over benefits denials and exclusions from coverage, claims regarding fiduciary obligations and liability, efforts to enforce plan subrogation rights, and suits challenging or in connection with the termination of funded or under-funded pension plans. These matters encompass ERISA pension plans, disability plans, and health benefits plans, and often take the form of class actions. Parties represented in ERISA litigation matters can include the ERISA plans themselves, plan administrators, insurance companies, health maintenance organizations, employers, and participants and beneficiaries. ERISA matters also often involve the extent to which state law is preempted or saved under a special “insurance” saving clause in ERISA, as well as complicated jurisdictional questions.
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