We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS