Attorneys React To High Court ERISA Reimbursement Ruling

Law360, New York (January 20, 2016, 10:54 PM EST) -- The U.S. Supreme Court ruled Wednesday in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan that a retirement plan cannot sue under the Employee Retirement Income Security Act for reimbursement of medical expenses from a third-party settlement that a plan participant has already spent. Here, attorneys tell Law360 why the Supreme Court's ruling is significant.

  Luke D. Bailey, Strasburger & Price LLP

“Because an ERISA health plan’s right of subrogation is based on ERISA Section 502(a)(3)’s provision for ‘other equitable relief,’ it is enforceable as an equitable lien upon the participant’s recovery, not as a...

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