Brooks Magratten Editor of American Bar Association 2024 Edition of ERISA Survey of Federal Circuits
Pierce Atwood litigation partner Brooks Magratten has edited the 2024 Edition of ERISA Survey of Federal Circuits, a comprehensive resource for litigators and clients with matters governed by the Employment Retirement Income Security Act (ERISA). The book provides essential details of the major issues in ERISA litigation in each of the federal circuits, offering a detailed review of topics including:
- How the circuit determines if an ERISA plan governs the dispute
- ERISA preemption of state law
- Exhausting administrative remedies and a discussion of other available remedies
- Standard of review of an administrator’s decision
- Rules of plan interpretation
- Discovery in ERISA cases
- Scope of admissible evidence in ERISA cases
- Procedural aspects in ERISA matters
- Fiduciary liability claims
In addition, the 2024 edition has been updated to include a discussion of the most recent ERISA cases by circuit regarding:
- Fiduciary exception to attorney-client privilege
- Procedures for adjudicating ERISA claims
- Standards for recovery of attorneys’ fees
- Statutes of limitation
- ERISA regulations and litigation over subrogation and reimbursement rights
Brooks has defended more than 200 ERISA benefit and breach of fiduciary cases. He is a frequent author and lecturer on ERISA issues and trial skills and has represented commercial interests in litigation throughout the northeastern U.S.
For questions about an ERISA matter or any significant business insurance coverage claim, please contact Brooks at bmagratten@pierceatwood.com.