How often are ERISA cases disposed of by trial?  Who wins more often on summary judgment motions?  What is the relative number of ERISA cases on the dockect among the federal Courts Of Appeal?

These and many more interesting questions for ERISA practictioners may be found in this interesting study with the practical title “Erisa Litigation Study”.

Here is the abstract: 

This paper co-authored by Dr. Susan Mangiero, Dr. Israel Shaked, Mr. Brad Orelowitz, Attorney Jason Sheffield and Ms. Emilee Prebles looks at litigation statistics for cases filed between January 1, 2005 and August 31, 2008. All judicial opinions for these cases are tracked as part of and coded with up to 100 unique identifiers.

The paper provides a methodologically consistent evaluation of ERISA cases that yields considerable useful and just plain interesting information.

The paper is available for download on SSRN as a part of the Working Paper Series