Litigating Strategies for Filing ERISA Case v. Filing Non ERISA Cases, Procedural Nuances in the Early Stages of Pleadings, Finding More Favorable Venues, and Transfer of Venue
Daniel W. Maguire
Partner
Burke, Williams & Sorensen, LLP
Eric L. Buchanan
Eric Buchanan & Associates, PLLC
- What are the litigation strategies for wanting ERISA to apply v. not wanting ERISA to apply to a disability case?
- Creative ways that both plaintiff and defendant are thinking of ways to further a claim
- Moving to transfer to a more favorable venue
- Attacking the pleadings
- Motion to dismiss based on ERISA preemption
- Motion to transfer venue
- Appropriate motion to strike components of the complaint even though entire complaint should not be thrown out
