DeBofsky Law is pleased to announce that the Mark DeBofsky was recognized in the 29th edition of The Best Lawyers in America® for high caliber work in Employee Benefits (ERISA) Law, Litigation – ERISA and Litigation – Insurance […]
The Employee Retirement Income Security Act of 1974, or ERISA, is a complex federal statute that applies to nearly all employee benefit plans, subject to a few narrow exceptions. Combining aspects of contract law, trust law, administrative law, and common law, ERISA is famously complex, earning it the moniker: “Everything Ridiculous Imagined Since Adam […]
Despite the admonition in the Federal Rules of Civil Procedure that there is only one form of civil action and that the rules apply to all civil actions,[1] Employee Retirement Income Security Act litigation is mostly conducted in a unique manner that dramatically departs from ordinary federal civil procedure. […]
A federal judge from the U.S. District Court for the Northern District of Texas issued in June a stinging indictment of the disability benefit plan that covers both active and former football players who become permanently and totally disabled due to injuries sustained during their professional football playing careers. […]
Do claimants for Employee Retirement Income Security Act-governed disability benefits have to fully exhaust claim appeals before filing suit? […]
When the term “self-funded” is used in relation to employer-sponsored benefit plans, the term usually refers to what are known as “welfare” benefits. ERISA does not use the term “welfare” to mean public assistance. Instead, the term relates to benefits provided for the employee’s welfare; and is defined by the statute to mean […]