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Supreme Court Interprets ERISA to Limit Remedies Available to Plans to Subrogate and Recover Overpayments

Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan is the fourth decision by the U.S. Supreme Court addressing the subrogation rights of self-insured ERISA-covered health plans. Three...more

ERISA Plans Should Act To Reinforce Reimbursement Rights In Light Of Recent SCOTUS Decision

Group health plan administrators should take actions to address the recent U.S. Supreme Court decision holding that an ERISA plan cannot enforce its equitable lien, which had been established through the plan’s reimbursement...more

Supreme Court: For ERISA Plans, Time May Be Money

A new U.S. Supreme Court decision is a reminder that Employee Retirement Income Security Act (ERISA) plans must act promptly if they want to assert a lien to secure a participant’s obligation to reimburse medical expenses or...more

Supreme Court Sends ERISA Plans Racing to the Courthouse for Subrogation Recoveries

The Supreme Court of the United States recently handed down a decision that opens the door for participants in ERISA-covered benefits plans to stop a lawsuit against them in its tracks by doing something that most people love...more

Hurry up and Spend the Money?

It’s like a simple set of facts on a law school exam with an answer that defies logic. And, yet, Supreme Court precedent has brought us to this illogical conclusion. Facts: Participant agrees to reimburse the plan money it...more

Recent Supreme Court Decision Limits ERISA Plans’ Ability to Recover Benefits Paid to Injured Employees Who Later Receive...

It’s a common scenario when dealing with a benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA): an employee participating in the plan is injured by a third-party, the plan pays covered medical...more

Supreme Court Issues Further Clarification on Equitable Relief Remedies Available Under ERISA

ERISA Section 502(a)(3) empowers plan fiduciaries to file suit “to obtain … appropriate equitable relief … to enforce … the terms of the plan.” In 1993, the Supreme Court of the United States interpreted this ERISA provision...more

Supreme Court Limits ERISA Healthcare Plan’s Reimbursement Rights: What Montanile Really Means

Last week, the United States Supreme Court held that an ERISA healthcare benefit plan with reimbursement rights can only obtain “appropriate equitable relief” when enforcing its lien against a third-party settlement, thus...more

Supreme Court: Health Plan Recovery Of Expenses Can Be Thwarted By Spendthrift Participant

In an 8-1 decision issued yesterday, the U.S. Supreme Court ruled that a health plan’s right of recovery against a plan participant who obtains an award from a third party found responsible for the participant’s injuries can...more

U.S. Supreme Court Limits ERISA Plan’s Subrogation Rights Where Participants Have Dissipated Funds Recovered from Third Parties –...

Over the years, the U.S. Supreme Court from time to time has explored the scope of equitable relief available under the Employee Retirement Income Security Act of 1974 (“ERISA”) in circumstances where an employee benefit plan...more

SCOTUS Rejects Plan’s Right to Dissipated Assets

The U.S. Supreme Court has ruled that an ERISA plan has no right to recover benefits paid on behalf of a participant where the participant has already dissipated settlement funds received from a third party. In...more

U.S. Supreme Court Decision in Montanile Applies Principles of Equity to Reach an Absurdly Inequitable Result Regarding ERISA Plan...

“A” gets hit by a drunk driver and incurs $121,044 in medical expenses. The ERISA Plan agrees to pay the expenses if “A” contractually agrees to reimburse the Plan for any recovery obtained as the result of any legal action...more

Supreme Court Provides More Guidance Regarding Health Plan Subrogation Claims

On January 20, 2016, the Supreme Court handed down yet another case addressing health plan subrogation. From the Supreme Court’s earlier decision in Sereboff v. Mid Atlantic Medical Services, Inc. (547 U.S. 356) (2006),...more

Supreme Court Rules No ERISA Plan Recovery of Nontraceable Settlement Funds

In Montanile v. Bd. of Trs. of the Nat'l Elevator Indus. Health Benefit Plan, the U.S. Supreme Court on January 19 held that when an ERISA plan participant wholly dissipates a third-party settlement on nontraceable items, a...more

Bad News for ERISA Plan Reimbursements: Chase The Money Before Settlement Funds Dissipate, Supreme Court Rules

This just in…. A big debate was resolved today by the United States Supreme Court: Can an ERISA plan sue to recover medical expenses paid on the participant’s behalf after the settlement funds have dissipated?...more

The Magic 8 Ball Says – The Supreme Court’s Montanile Decision and The Seemingly Random Evolution of Supreme Court ERISA Remedies...

It’s a common fact pattern. A plan participant is injured and received benefits for treatment of his injuries. The participant then sues a third party for damages based on his injuries. The plan then seeks to recover a...more

Supreme Court Decides Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

On January 20, 2016, the U.S. Supreme Court decided Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 14-723, holding that where an ERISA-plan participant has dissipated a third-party...more

Equitable in Name Only?: Tracing a Long and Tortured Path

Knowingly spending money that isn’t yours sounds like a no-no, but depending on how the Supreme Court rules in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (No. 14-723), certain ERISA...more

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

Is the employer hijacking the case, or not?

The Labour Tribunal is a specialised court set up to provide a simple, inexpensive and informal means of resolving employment disputes in Hong Kong. The Tribunal has exclusive jurisdiction to deal with claims arising from a...more

Case Update: Families of Factory Workers Awarded Punitive Damages to the Tune of Almost $40 Million

A few weeks ago, we told you about a jury awarding over eight million dollars to the families of two factory workers who were killed by a co-worker in 2010. As it turns out, that award was just the beginning. Last week, a...more

Summary of California Appellate Decisions - March 2015

HOW TO USE THIS CASE SERVICE - When you receive your summaries, each page will have an alphabetical letter located in the upper right-hand corner. Each alphabetical letter corresponds to a separate subject matter...more

One work accident; multiple defendants; different substantive laws

The choice of law provisions contained in legislation governing injuries to workers in force across the nation are complex and often difficult to apply. While their purpose is to enable a determination to be made on the...more

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