Private Insurance
ERISA: Amicus Briefs Filed in US Airways v. McCutchen
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 […]
CGI v. Rose – 9th Circuit Reduces ERISA Lien Rights
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 […]
9th Circuit ERISA: CGI v. Rose
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.
Misconceptions: It’s Not a Valid “Lien” Unless They Put Me on Notice
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 […]
ERISA, ERISA, ERISA!
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 […]
ERISA Liens – Plaintiffs’ Attorneys: What You Need to Know
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’ […]
ERISA Liens: Greed was Never a Good Idea
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 […]
Med Mal Reform & Lien Resolution
The AAJ and Daily Kos are reporting the Obama administration’s proposed budget includes $250 million in Justice Department grants to help state rewrite their medical malpractice laws along the lines of recommendations from the deficit commission. The grants are meant to help states pursue innovative reforms which improve health care quality, reduce medical costs, and […]
MMSEA – RRE Reporting Begins Oct. 1, 2010
President George W. Bush signed the Medicare Medicaid & SCHIP Extension Act (“MMSEA”) more than three years ago. On October 1st, 2010, its reporting section finally goes into effect. How will reporting change the Healthcare Lien landscape? How will it change Personal Injury Law? The Defense Fears The MMSEA turns defendant-insurers into Responsible Reporting Entities […]
The Need for Lien Resolution in Asbestos Cases
What is Asbestos? While most asbestos-containing products were produced during the 1940s to 1970s asbestos litigation remains prevalent today. What exactly is asbestos? Asbestos is the common name for a variety of silicate materials that more resistant to acid and fire than other materials. Physically, asbestos appears fibrous. Asbestos is used for thermal insulation, fire […]
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