Articles Archive

On Monday, November 2, 2009, Managing Partner Lance K. Oliver spoke at the NASP 2009 Annual Conference in Colorado Springs, Colorado.

Lance K. Oliver

November   2009 Read>>

PLAYING IT SAFE: Using Your Poker Face to Scare Off the Fair Debt Collection Act

Jodi Bishop Runger

February   2008 Read>>

Mutual of Omaha Ins. Co. v. Estate of Anthony Arachikavitz: Court Recognizes ERISA Plan's Priority Over Medical Providers

Polly M. Haley

September   200 Read>>

HEALTHCARE SUBROGATION TRILOGY: Sorting Out the Three Cases Decided by the Supreme Court in 2006 in Order to Maximize Subrogation Recoveries in 2007 and Beyond

Thomas H. Lawrence

March   2007 Read>>

MEDICAL MALPRACTICE CASES GOT YOU SICK?

Edwin (Win) L. Rawson

December   2006 Read>>

GETTING BACK ON THE ROAD TO RECOVERY: Showing Healthcare Plans How to Succeed in Made Whole States

Tanya C. Holmes

December   2006 Read>>

DON?T WRECK YOUR HEALTHCARE AUTO CASE: How to Properly Pursue Uninsured and Underinsured Motorist Claims

Kimberly M. Popilek

May  2006 Read>>

WHO SHOT Knudson? The Supreme Court?s Holding in Sereboff v. Mamsi Proves to be the Healthcare Cliffhanger of the Millennium

Lance K. Oliver

April  2006 Read>>

What is “Materially Adverse to a Reasonable Employee” is Now the Standard for Retaliation Claims.

Julie Y. McLaughlin

August   2006 Read>>

Sereboff v. Mid Atlantic Medical Services, Inc.: The U.S. Supreme Court clarifies the holding of Great-West v. Knudson

Edwin (Win) L. Rawson

May   2006 Read>>

The Tennessee Court of Appeals Finds That Courts Must Engage in an Analysis of the Dollar Amounts of an Insured’s Recovery and Losses in Order to Determine if an Insured has Been “Made Whole.”

Julie Y. McLaughlin

March   2006 Read>>

The Supreme Court Gives Employees the “Green Light"to File Disparate Impact Claims Under the ADEA

John M. Russell

June   2005 Read>>

Employers in the Sixth Circuit are no Longer Safe from Disparate Impact Claims by Complying With the EEOC’s Four-Fifths Rule

Julie Y. McLaughlin

March   2005 Read>>

UNUM Life Ins. Co. of Am. v. Toomey: Court Holds that ERISA-Covered Disability Plan is Entitled to Reimbursement of Overpayments under the Federal Common Law Doctrine of Unjust Enrichment.

J. Matthew Stephens

September  2005 Read>>

Mid Atlantic Medical v. Sereboff: The Fourth Circuit Holds That Health Plans May Bring Actions in Federal Court Under 502(a)(3) to Obtain Equitable Restitution From Funds held in an Investment Account.

Edwin (Win) L. Rawson

May   2004 Read>>

Levine v. United Healthcare Corporation: Court Holds that Perreira is Preempted by ERISA and Not Saved under ERISA’s “Savings Clause”

Thomas H. Lawrence

March   2005 Read>>

Aetna Health Inc. v. Davila: The Supreme Court Rules That ERISA Completely Pre-Empts State-Law Claims by Plan Participants
Against HMO

John M. Russell

June   2004 Read>>

B.P. Amoco Corp. v. Connell: The Middle District of Georgia Holds That Health Plans May Bring Actions in Federal Court Under ERISA Section 502(a)(3) to Obtain Equitable Restitution From Trustee of
a Special Needs Trust

Thomas H. Lawrence

June   2004 Read>>

Bauhaus v. Bill Benson, Chancery Court Clerk and Bancorp South : Court Distinguishes Knudson and Holds That Health Plan is Entitled to Imposition of a Constructive Trust

Thomas H. Lawrence

February   2004 Read>>

Forsling v. J.J. Keller & Associates : Court Distinguishes Knudson and Holds That Health Plan is Entitled to Restitution and Holds "Make-Whole" and "Common Fund" Exceptions Inapplicable

Thomas H. Lawrence

January   2004 Read>>

Great-West v. Knudson: Funds Must Be in the Control of the Defendant in Order to Pursue a Subrogation/Reimbursement Claim under ERISA

Thomas H. Lawrence

February   2004 Read>>

Great-West Life v. Randall Brown: Court Distinguishes Knudson and Holds That Great-West is Entitled to Restitution

Thomas H. Lawrence

April   2004 Read>>

Bauer v. Gylten: Federal court authorizes ERISA reimbursement claim for constructive trust where funds are identifiable and traceable.

John M. Russell

April   2004 Read>>

Mills Companies Employee Welfare Benefit Trust v. Russ : Federal court authorizes ERISA reimbursement claim for constructive trust where funds are identifiable and traceable

John M. Russell

May   2004 Read>>

Westaff (USA), Inc. v. Arce: Court Follows Knudson and Finds No Remedy for Plan Where Complaint Did Not Seek Restitution

Thomas H. Lawrence

July   2004 Read>>

University of Tennessee professor reviews "ERISA Subrogation"

Thomas H. Lawrence

December   2001 Read>>