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On May 27, 2011, an Arkansas state court granted summary judgment for Lawrence & Russell’s client, a non-ERISA state benefit plan.
Because the plan was located in Pennsylvania and the covered member resided in Arkansas at the time of his accident and tort lawsuit, the issue before the Arkansas state court was which law to apply—the law of Arkansas, which would have required application of the make-whole rule, or the law or Pennsylvania, which would not. The Court ruled in favor of the plan, finding that under choice of law principles in Arkansas for contract disputes, Pennsylvania law would apply. Thus, the plan was entitled to recover 100% of its lien without any reductions. Read the judge’s decision in Zove v. PEBTF. >>
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On May 17, 2011, a Tennessee federal court awarded Lawrence & Russell’s client $35,000.00 in attorney’s fees against the plan member on an ERISA reimbursement case
This case concerned ERISA's preemption of state law and, in its decision to award attorney's fees, the federal court provided "that 'pursuing arguments even after their rejection by the court' is indicative of bad faith[,] . . ." and noted that "the results of this case will deter other litigants in Defendant's position from "unnecessarily expanding the scope and complexity of litigation."
Read the entire opinion in EEI v. Lambert. >>
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On July 26, 2011, Matt Stephens presented "The Top Ten Things to Know Before Calling a Member's Attorney" during a National Conference Call for health and disability subrogation professionals across the country.
J. Matthew Stephens |
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On Monday, November 2, 2009, Managing Partner Lance K. Oliver spoke at the NASP 2009 Annual Conference in Colorado Springs, Colorado.
Lance K. Oliver |
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PLAYING IT SAFE: Using Your Poker Face to Scare Off the Fair Debt Collection Act
Jodi Bishop Runger |
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