Find Lawyers in Des Moines, Iowa for Litigation - ERISA
Michael Thrall is a member of the firm’s Litigation Department and practices in the area of commercial litigation; life, health, and disability insurance litigation; ERISA litigation; railroad litigation; and complex tort defense. Michael is a Fellow in the American College of Trial Lawyers. He has also been recognized by Best Lawyers in the categories of Bet-the-Company Litigation, Commercial Litigation, and ERISA Litigation. He is a Fellow in the Iowa Academy of Trial Lawyers and a me...
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.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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