The Need for Lien Resolution in Asbestos Cases
What is Asbestos? While most asbestos-containing products were produced during the 1940s to 1970s asbestos litigation remains prevalent today. What exactly is asbestos? Asbestos is the common name...
View ArticleMMSEA – RRE Reporting Begins Oct. 1, 2010
President George W. Bush signed the Medicare Medicaid & SCHIP Extension Act (“MMSEA”) more than three years ago. On October 1st, 2010, its reporting section finally goes into effect. How will...
View ArticleMed Mal Reform & Lien Resolution
The AAJ and Daily Kos are reporting the Obama administration’s proposed budget includes $250 million in Justice Department grants to help state rewrite their medical malpractice laws along the lines of...
View ArticleERISA Liens: Greed was Never a Good Idea
Over the past 3 months we have seen some interesting trends developing in the case law behind ERISA liens. This post will not go into detail on those cases – but it’s time we shared this information:...
View ArticleERISA, ERISA, ERISA!
In lien resolution (or subrogation, or reimbursement) ERISA means nothing. Let’s get that out of the way. Health plans can scream “ERISA!” at the top of their lungs. It still means nothing. One of...
View ArticleMisconceptions: It’s Not a Valid “Lien” Unless They Put Me on Notice
The most troubling “liens” are the ones that come up unexpected. But why do liens come up without warning? For starters, we have to remind you that we all use the term lien loosely. Most of the time...
View Article9th Circuit ERISA: CGI v. Rose
Editor’s Note: As of 4/16/13 this case has been overruled by the Supreme Court ruling in US Airways v. McCutchen. We have been told CGI v. Rose, the 9th Circuit version of U.S. Airways v. McCutchen,...
View ArticleCGI v. Rose – 9th Circuit Reduces ERISA Lien Rights
Editor’s Note: As of 4/16/13 this case has been overruled by the Supreme Court ruling in US Airways v. McCutchen. Last Thursday, Public Justice won a federal appeals court ruling limiting ERISA plan’s...
View ArticleERISA: Amicus Briefs Filed in US Airways v. McCutchen
During the U.S. Supreme Court’s upcoming term, the court is scheduled to hear U.S. Airways v. McCutchen, 663 F.3d 671 (3d Cir. 2011). We have previously written about the issue of equitable doctrines...
View ArticleSCOTUS: US Airways v. McCutchen Overruled
On April 16, 2013 the Supreme Court of the United States released its holding in US Airways v. McCutchen overruling the 3rd Circuit’s decision. The 3rd Circuit’s decision was part of a recent line of...
View Article
