ERISA

Barger & Wolen LLP has a seasoned group of litigators who devote a substantial portion of their practice to the litigation of disputes arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq.

It takes a great deal of time and dedication to become conversant with the nuances of ERISA’s statutory scheme. The firm’s attorneys who specialize in this area have put in that time. Issues concerning the standard of review to be given to the claims decision, as well as the extent of discovery permitted, are just a few of the unique legal issues present in ERISA litigation. We are well-versed in these issues, and practically every other issue that can be asserted in an ERISA matter.

Knowledge alone, however, is not enough. Experience provides a complete understanding of the practical application of ERISA’s rules. While general litigation experience in federal and state courts is critical, because ERISA has its own concepts, language and procedures, a litigator with little or no ERISA experience is at a distinct disadvantage. Because we have handled hundreds of ERISA matters, including employee benefit disputes relating to disability insurance, health insurance and managed care, life insurance and waiver of premium, and pension and retirement plans, we know how pension and welfare benefit plans work. We bring that unique knowledge and experience to bear on each ERISA matter we handle, whether it be a straightforward dispute over a claimant’s benefits or one involving claims of prohibited transactions and breach of fiduciary duty in the handling of a large pension plan.

Reputation. Credibility. Character.
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