Wal-Mart v. Dukes, Long-Term Disability Claims, Constitutionality of Health Care Reform are Focus of ABA Institute on ERISA Litigation

WASHINGTON, D.C., May 31, 2012 — Recent Supreme Court cases, including Cigna Corp. v. Amara and Wal-Mart v. Dukes, as well as the constitutionality of the new health care reform law will be the focus of the American Bar Association Joint Committee on Employment Benefits 22nd Annual National Institute on Employee Retirement Income Security Act (ERISA) Litigation.  The Institute will take place June 7 – 8 at the Westin Washington, D.C., City Center in Washington, D.C.

Phyllis C. Borzi, assistant secretary of labor for the Employee Benefits Security Administration at the U.S. Department of Labor, will discuss the department’s enforcement priorities and initiatives from 9:45 to 10:45 a.m. on June 7.

Other program highlights include:

“Hot Topics: Key Cases of 2011 and Spring 2012” – Experts will discuss the Supreme Court’s latest ERISA ruling in Cigna Corp. v. Amara and its impact on disclosure and cash balance litigation.  Panelists will also review the recent rulings in Wal-Mart v. Dukes and AT&T Mobility v. Concepcion, and their effect on ERISA class actions.
June 7, 8:45 – 9:45 a.m.

“Report on Patient Protection and Affordable Care Act (PPACA) Supreme Court Arguments and Future Litigation Issues” – In light of the Supreme Court’s historic hearing, five and one-half hours of oral arguments on PPACA’s constitutionality, experts will review the arguments and what they might mean for the future.  Panelists will also raise issues concerning PPACA that are likely to lead to future litigation and offer possible techniques for defense and to limit exposure.
June 7, 1:30 – 2:30 p.m.

“Long-Term Disability Claims” – Most ERISA cases involve claims for long-term disability benefits.  During this panel, experts will address some of the unique substantive and procedural issues, such as discovery, dispositive motions and remedies.
June 7, 3:45 – 4:45 p.m.

“Class Action” – Battles over class status and whether an ERISA case can proceed as a class-action suit have become increasingly important in ERISA litigation.  Panelists will discuss how the recent Wal-Mart v. Dukes and Spano v. Boeing decisions affect class issues in ERISA cases, as well as strategies to defend and attack class status in complex ERISA litigation.
June 8, 7 – 8 a.m.

A complete agenda and updated list of speakers can be found online.

For media credentialing, please contact Rabiah Burks at Rabiah.Burks@Americanbar.org.  This event is free and open to members of the press.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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