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May 20, 2020 Book Review

ERISA Survey of Federal Circuits (2020 Edition), Brooks R. Magratten, Editor

Reviewed by Russell S. Buhite

In this comprehensive book designed as a resource for litigators and clients with matters governed by the Employee Retirement Income Security Act (ERISA), the authors have set forth, by federal circuit, a description of major issues in ERISA litigation and case authority governing those issues in each circuit. Each chapter contains a detailed review of the following topics: (1) how the circuit determines if an ERISA plan governs the dispute; (2) ERISA preemption of state law; (3) exhaustion of administrative remedies; (4) standard of review of an administrator’s decision; (5) rules of plan interpretation; (6) discovery in ERISA cases; (7) the scope of admissible evidence in ERISA cases; (8) procedural aspect of ERISA matters; (9) available remedies; and (10) fiduciary liability claims.

The 2020 edition of ERISA Survey of Federal Circuits is also revised to include an updated discussion of the most recent and leading ERISA cases by circuit pertaining to the fiduciary exception to the attorney-client privilege, examination of disability claims based on the risk of relapse, standards for recovery of attorneys’ fees, statutes of limitation, ERISA regulations, and litigation over subrogation and reimbursement rights.

The book provides an easy desktop resource for frequent ERISA litigators, those practitioners who simply need a recitation of current case authority on a particular point or in-house counsel who need to know how a court in a particular circuit will determine a thorny ERISA litigation issue.

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Reviewed by Russell S. Buhite

Russell S. Buhite is a shareholder in the Seattle office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. who focuses his practice on life, health, and disability insurance coverage litigation, as well as myriad ERISA litigation matters. He is a former chair of the ABA/TIPS Health and Disability Insurance Committee and serves on the ABA/TIPS Insurance Regulation Committee and the TortSource Editorial Board.