Labor & Employment Law, Conflict of Laws, Personal Injury

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

by J. S. Christie, Andrew Elbon, B. David Joffe, Jessica Jones, Jack Levy, Gordon Earle Nichols, Laura Schiele Robinson, Jay Turner | Bradley Arant Boult Cummings LLP on 4/25/2013

Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/22/2013

Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms. ...more

Supreme Court “Dooms” Equitable Defenses to Plan’s Reimbursement Provisions

by Lori Oliphant | Winstead PC on 4/19/2013

In a prior blog, I discussed the importance of including unambiguous reimbursement rights in health plan documents in order to manage healthcare costs. The enforceability of such rights was confirmed by the United States...more

High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more

U.S. Supreme Court: Equity Cannot Trump ERISA Plan Terms in ERISA Reimbursement Case

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/18/2013

The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an injured plan participant who later sues to recover damages from a third...more

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

by Russell Hirschhorn, Myron Rumeld | Proskauer - ERISA Practice Center on 4/17/2013

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

by Williams Venker & Sanders on 3/26/2013

The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more