AN ERISA LITIGATION PRIMER - What to Do When an ERISA Case Walks In the Door

--- 1.0 CLE Credit for AZ,CA,CO,CT,FL,ID,NJ,NY,PA,WA
--- employment law / trial - employee benefit law
--- course production date: 4/17/2016
--- presented by RUSSELL GEORGE PETTI

This course teaches the practitioner how to handle an Employee Retirement Income Security Act of 1974 (ERISA) benefits, from the pre-litigation administrative appeal through final judgment. It addresses such subjects as how to recognize when a case is subject to ERISA, the applicable limitations periods, administrative exhaustion, ERISA causes of action, procedure in ERISA cases, standards of review, briefing and trying an ERISA case, and seeking attorney fees.

Along the way the course addresses recent changes in the law, including with respect to the standards of review, limitations periods, equitable remedies, and subrogation. Portions of the course, such as recognizing when ERISA governs a case and the emerging law with respect to subrogation, are important to all practitioners regardless whether they ever intend to handle an ERISA.

Key course points are:
• A useful guide on handling ERISA cases, including common pitfalls.
• How to recognize ERISA claims for general, non-ERISA practitioners.
• Tips on reducing the standard of review to de novo.
• Subrogation issues, an area important to personal injury practitioners
• Recent updates to the ERISA law.

--- presented by RUSSELL GEORGE PETTI

Russell G. Petti is a former Major in the United States Marine Corps. He served as a Marine aviator, was a designated Weapons and Tactics Instructor, and was awarded an Air Medal (with gold numeral one) arising out of a successful night pursuit of an airborne narcotics smuggler.

After leaving active duty, Mr. Petti graduated first in his class at Emory University School of Law, with awards in (among other areas) criminal, constitutional, contract, income tax and business law fields of study. After law school, Mr. Petti worked as an Associate in one of the most prestigious law firms in the country.

Mr. Petti subsequently served as an Assistant United States Attorney with the Central District of California. In that position he led investigations and conducted prosecutions in a wide range of areas, including narcotics and firearms trafficking, tax evasion, money laundering, violent crimes and various manners of fraud.

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 dozens of cases, including a jury trial lasting over seven months. He has argued over twenty five appellate cases, in courts including the Ninth Circuit Court of Appeals, the Eighth Circuit Court of Appeals, and the California Courts of Appeal.