Filing erisa claims in arizona

 
 

Because ERISA is a federal law --- 29 U.S.C. § 1001 et seq. --- ERISA cases are usually heard in federal courts.  Although an ERISA case could be heard in a state court, if you file your ERISA case in state court, the insurance company will usually “remove” the case to federal court --- meaning they basically re-file your case in federal court. 


Most Arizona ERISA cases are heard in the federal courts in Phoenix and Tucson because that’s where most people live.  Patrick, however, has litigated ERISA cases in front of judges in the Phoenix, Tucson, Flagstaff, and Prescott federal courts. 


Procedures in federal court are different from those in Arizona Superior Court.  Typically, the proceedings are more formal and the judges exert more control over the case.  Also, in ERISA cases, you don’t get a jury trial.  Instead, the judge will hear the case and make the final decision based on the “closed administrative record.”  In non-ERISA insurance bad faith cases, by contrast, you case can be heard in state court and decided by a jury. 


It’s important that your attorney be familiar with, and experienced in litigating ERISA cases in federal court because of the different rules and procedures.   

erisa lawsuits are heard in arizona’s federal courts

Most Arizona federal cases, including ERISA cases, are heard in Phoenix and Tucson.  Arizona also has federal courts in Flagstaff, Prescott, and Yuma, where ERISA cases can be heard. 


Patrick is admitted to practice in all of Arizona’s federal courts and has had cases with judges in almost every one of Arizona’s federal courts, and in front of the Ninth Circuit Court of Appeals.

The information on this website is intended to be informational only and does not establish an attorney/client

relationship, nor is it meant to give or be legal advice for a specific matter.  Please do not email or fax information to

Patrick Mause without first speaking or meeting with him because the information will not establish an attorney/client

relationship and may not be kept confidential. Patrick Mause is a lawyer admitted to practice only in Arizona, the Arizona

District Courts, and the Ninth Circuit Court of Appeals.  His office is located at 290 North Meyer, Tucson, Arizona 85701.