As retirement plans have come to hold an increasing proportion of the nation’s wealth, the number of lawsuits claiming violations of the Employee Retirement Income Security (ERISA) Act has increased exponentially. Unfortunately, ERISA has been called one of the worst and most poorly understood laws ever passed by Congress.
If you need help understanding the intricacies of ERISA, Russ Petti provides an excellent overview of pursing an ERISA claim and litigation that has arisen under the statue. The main areas covered include what is an ERISA plan, limitation periods on benefits claims, steps to take before filing a lawsuit, the proper parties, causes of action, evidence in ERISA cases, discovery, the standard of review, reducing the standard of review, ERISA trials and attorney fees. Further topics discussed include self-funded plans, church & governmental exemptions, exhausting administrative remedies, the administrative record, benefits claims under Section 1132(a)(1)(B), breach of fiduciary duty claims under Section 1132(a)(2), claims for appropriate equitable relief, abuse of discretion & de novo review, reducing the amount of discretion by showing conflict, the Hummel factors and the Lodestar standard.
Russell G. Petti is a former Major in the United States Marine Corps. After leaving government service, Mr. Petti became a member of the firm of Bannan, Green, Frank & Terzian LLP. There, he was privileged to represent some of the country’s largest companies, in matters involving ERISA, first party “bad faith” insurance, general commercial law, municipal liability, and “white collar” criminal law. At present he is a sole practitioner, largely representing consumers and working people fighting for their rights. He has tried over a dozen cases, including a jury trial lasting over seven months. He has argued over twenty cases before the Ninth Circuit Court of Appeals, and has currently won six reversals in a row before that Court.
Practice Areas: Business Law | Employment Law | Litigation
State Accreditations: California (CA)