Recent News

December 2011
On December 20, 2011, Lance Oliver presented “The Status of the Make Whole Doctrine and Equitable Subrogation” during a National Conference Call for health and disability subrogation professionals across the country. You may access the session's handout materials by clicking here. Contact Lance Oliver with any questions. 

 

July 2011 
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. {read article}


Zove v. PEBTF 

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}


 EEI v. Lambert

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}