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

September 16, 2016 9:25am

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