From Roger Baron: “unclean hands” is equitable defense to claim under ERISA § 1132(a)(3) according to Oregon Federal Court
Reprinted with Permission of Roger Baron
In Ayers v. LINA, No. 6:08-cv-06287-AA, (D.Or. April 19, 2012), the court was adjudicating a dispute over LTD benefits under ERISA coverage. The plaintiff sued alleging wrongful denial and the ERISA insurer counterclaimed …
Outsourcing of Lien Resolution – The Florida Supreme Court’s Ruling on 4-1.5
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
The purpose of this post is to inform Florida attorneys about the Florida Supreme Court’s rejection of the proposed amendment to Rule 4-1.5. Before discussing the Florida Supreme Court’s rejection, I first …
Is your MSP compliance provider doing more harm than good by advocating to ignore Medicare’s future interests?
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
With Medicare Secondary Payer (“MSP”) Compliance on everyone’s minds these days, it is no wonder that MSP vendors have tried to capitalize on these fears by offering services targeting them. The problem …
From Roger Baron: 5th Circuit rules in favor of ERISA beneficiary and his wife where funds are in a structured settlement
Reprinted with Permission from Roger Baron
The 5th Circuit handed down ACS Recovery Services, Inc. v. Griffin today, April 2, 2012. Mr. Griffin was seriously injured in an auto accident. The ERISA plan paid medical bills of $50,076.19. The plaintiff’s …