Erin Sweeney Reacts to Supreme Court Montanile Ruling in Law360

"Attorneys React to High Court ERISA Reimbursement Ruling"
01.20.16Erin Sweeney provided a reaction on the U.S. Supreme Court's ruling in Montanile v. Board of Trustees of the National Elevator Industry Healthy Benefit Plan, which found that a retirement plan cannot sue under ERISA for reimbursement of medical expenses from a third-party settlement that a participant has already spent. "Today the Supreme Court made it clear in Montanile that the only fail safe method for an employee benefit plan to ensure that a participant repays a lien by agreement for medical benefits is for the plan to proactively file a lawsuit or injunctive action against the participant. The decision also places a premium on proactive litigation monitoring and will require employee benefit plans to expend resources in a race to attach any third party recovery before the participant is able to dissipate the recovery," Sweeney said.
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