Abstract

http://ssrn.com/abstract=2385710
 


 



How Courts Interpret the Meaning of 'Civil Action' as Applied to Benefit Disputes Under ERISA


Mark D. DeBofsky


DeBofsky & Associates, P.C.

January 26, 2014


Abstract:     
Congress authorized claimants seeking employee benefits to bring a "civil action" to recover benefits due or obtain appropriate equitable relief. 29 U.S.C. § 1132(a). The Federal Rules of Civil Procedure contemplate only one form of civil action; and civil actions are to be adjudicated utilizing the procedures specified by the civil procedure Rules and by the Federal Rules of Evidence. Yet federal courts have denied ERISA benefit claimants the right to take discovery normally permitted in civil actions, the right to trial by jury, and even, in most cases, the right to a trial in open court involving the examination and cross-examination of witnesses.

This article explores how the courts developed a quasi-administrative law regime governing ERISA benefit disputes despite Supreme Court rulings defining the contours of what a "civil action" should consist of. The article further examines how ERISA cases are litigated and the scope of ERISA adjudications. Questions as to whether the current regime for litigating ERISA cases violates claimants’ Constitutional due process rights are also raised, along with a discussion as to whether remands of ERISA cases violate the finality rule of Article III of the U.S. Constitution.

Number of Pages in PDF File: 34

Keywords: ERISA, civil action, litigation, scope of review, due process, remands, jury trials

working papers series


Download This Paper

Date posted: January 28, 2014 ; Last revised: February 13, 2014

Suggested Citation

DeBofsky, Mark D., How Courts Interpret the Meaning of 'Civil Action' as Applied to Benefit Disputes Under ERISA (January 26, 2014). Available at SSRN: http://ssrn.com/abstract=2385710 or http://dx.doi.org/10.2139/ssrn.2385710

Contact Information

Mark D. DeBofsky (Contact Author)
DeBofsky & Associates, P.C. ( email )
200 W. Madison St.
Suite 2670
Chicago, IL 60606
United States
312-561-4040 (Phone)
312-929-0309 (Fax)
HOME PAGE: http://www.debofsky.com
Feedback to SSRN


Paper statistics
Abstract Views: 294
Downloads: 47

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.375 seconds