During the U.S. Supreme Court’s upcoming term, the court is scheduled to hear U.S. Airways v. McCutchen, 663 F.3d 671 (3d Cir. 2011). We have previously written about the issue of equitable doctrines in ERISA: ERISA! ERISA! ERISA! A Primer; Ninth Circuit Reduces ERISA Lien Rights (CGI v. Rose); ERISA Liens: What You Need to […]
Last Thursday, Public Justice won a federal appeals court ruling limiting ERISA plan’s ability to collect from personal injury lawsuits. This is Public Justice’s second ERISA lien victory in less than a year. Their tireless work has provided plaintiffs with a ray of light for us to fight the ERISA liens that so greatly limit […]
We have been told CGI v. Rose, the 9th Circuit version of U.S. Airways v. McCutchen, was decided on with a pro-plaintiff result. We are trying to obtain a copy of the decision now – and we will analyze it as soon as we have it.
The most troubling “liens” are the ones that come up unexpected. But why do liens come up without warning? For starters, we have to remind you that we all use the term lien loosely. Most of the time we are not dealing with liens at all. The usual encumbrance is either a subrogation right, a […]
In lien resolution (or subrogation, or reimbursement) ERISA means nothing. Let’s get that out of the way. Health plans can scream “ERISA!” at the top of their lungs. It still means nothing. One of 0ur younger attorneys at Lien Resolution Services dealt with this very issue last week. I like the way this ERISA lien […]
There are three new cases in the ERISA subrogation world (and one pending decision) that you need to be aware of when settling a personal injury lawsuit. As if the ERISA arena isn’t complicated enough, you need careful analysis to determine if these new cases help or hurt your case. New, Favorable Cases for Plaintiffs’ […]
Over the past 3 months we have seen some interesting trends developing in the case law behind ERISA liens. This post will not go into detail on those cases – but it’s time we shared this information: Cigna Corp. v. Amara in the Supreme Court: Although the district court did not have authority under Section […]