Procedural Errors As A Basis For Employee Benefits

Law360, New York (September 17, 2012, 9:59 PM EDT) -- When employees sue to recover employment benefits they obtained through work, those claims are typically governed by Employee Retirement Income Security Act and litigated in federal court. The statute requires that ERISA plans have a pre-litigation administrative process, and the U.S. Department of Labor has issued a detailed regulation, setting forth the procedures that must be followed.

However, in addition to the specific regulatory requirements, federal courts have now begun creating a series of additional rules and requirements, and awarding benefits for noncompliance, irrespective of whether...
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