NEW! ERISA Reimbursement Claims Survival Guide
[September 2008; 777 pages]

ERISA reimbursement claims are a source of great confusion and frustration for plaintiff attorneys and their clients. At times, the plans even lay claim to plaintiff's full recovery. Plaintiff attorneys must understand these reimbursement claims, the effect they have on their client's recovery, and possible defenses and limitations to their enforcement. While there is no magic bullet to successfully resolve all reimbursement claims, the packet provides essential information for plaintiff attorneys to protect their clients as well as themselves, and contains:

• What plaintiff attorneys should know to protect their client and themselves when confronting ERISA reimbursement claims
• 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.
• Tools for handling ERISA reimbursement claims, including statutes and regulations, case law and case summaries, court documents, sample letter, AAJ Education speaker papers, and more.
• Case law including Sereboff, and pre- and post-Sereboff cases