Here, US Airways seeks the restoration of particular funds, the lawsuit settlement and UIM benefits, as distinct from McCutchen’s general assets, traceable to the Plan and subject to an equitable lien for the benefit of …
Johnson Controls v. Flaherty, 2011 U.S. App. LEXIS 969 (11th Cir.) (January 18, 2011) (unpublished) presents a typical subrogation scenario. The plan brought suit under 29 U.S.C. § 1132(a)(3), for medical benefits that the employee …
Rotech has argued that it could, within its discretion, rely upon Huff’s sworn answers to interrogatories and the opinion of Dr. Wilson in concluding that it is entitled to be reimbursed out of any recovery Huff receives …
Benefit contends that ERISA’s conflict preemption section, 29 U.S.C. § 1144(a) (“Section 514â€), preempts Directive 175. Section 514 “supersede[s] any and all State laws insofar as they may now or hereafter relate to any employee …
The South Carolina Bar CLE Division will be presenting a unique seminar designed to comprehensively address the subrogation and reimbursement issues that arise in resolving claims for injured persons. As seminar planner and member of …