What is data mining? Data mining has been described as process of extracting data from large databases of information in a manner that is meaningful to the extractor. What kind of information? Many different kinds.
Professor Roger Baron has a number of upcoming seminars on the issue of ERISA health plan subrogation. Those events are as follows: New Orleans, LouisianaSunday, February 8, 2009American Association for Justice (AAJ) (2009 AAJ Winter …
The Bombardier court set out a three-part test to determine whether a claim qualified as relief pursuant to § 1132(a)(3), asking: does the Plan seek to recover funds (1) that are specifically identifiable, (2) that …
The court finds that Sun Life has failed to sufficiently allege that the particular funds to which it claims an entitlement to under the Plan’s reimbursement provision are funds belonging in good conscience to Sun …
. . . the claim for reimbursement is properly brought as a claim for equitable relief in accordance with both ERISA and the terms of the Plan. See Sereboff v. Mid Atl. Med. Servs, Inc., …
In this case, Ms. Powell did not commingle her funds and made no purchases that diminished in value. Thus, the “conscious wrongdoer” standard has no application. Moreover, in Sereboff the Supreme Court stated, “This rule …
We find that Sereboff, rather than Knudson, controls in this case. Here, like in Sereboff,the LTD Plan targets specific funds for recovery — Cusson’s LTD payments — and identifies the specific portion to which Liberty …
Here, it is undisputed that the Colliers are in possession of the $ 70,000 currently being held in a non-interest bearing account. The fund is specifically identifiable and within the Colliers’ possession, thus satisfying the …
O’Hara contends that, as a matter of equity and in order to effectuate ERISA’s policy of protecting plan beneficiaries, the make-whole rule must be applied because allowing Zurich to recoup the medical expenses it paid …
Prior to settling and releasing the tortfeasors in exchange for a proffered settlement of $606,488.99, this personal injury plaintiff (and ERISA participant) persuaded the Washington state trial court to enter an Order To Show Cause …