High Court Weighs Equities Under ERISA In US Airways Suit

Law360, New York (November 27, 2012, 8:32 PM EST) -- Courts should not be permitted to rewrite benefit plan language to stop plans from recouping benefits they have paid out if they are entitled to reimbursement under the plan's terms, even when reimbursement financially disadvantages beneficiaries, U.S. Airways told the U.S. Supreme Court on Tuesday.

U.S. Airways' attorney Neal Katyal of Hogan Lovells urged the Supreme Court to overturn a Third Circuit decision that the Employee Retirement Income Security Act would not allow the company's health plan to be fully reimbursed for money it gave an...
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