Beyond McCutchen: Practical Strategies for Reducing ERISA Liens
When the Supreme Court decided US Airways v. McCutchen in 2013, recovery vendors declared victory. The Court held that ERISA plan language governs reimbursement rights, and equitable defenses cannot override clear contractual terms.
Many attorneys took this to mean ERISA
How 1024(b)(4) Requests Can Transform Your ERISA Lien Negotiations
If you’re negotiating ERISA liens without leveraging 1024(b)(4) requests, you’re leaving one of your most powerful tools on the table.
This federal statute creates a direct obligation for plan administrators to provide documents, and it comes with real penalties when
Self-Funded vs. Fully Insured: Why This Distinction Can Save Your Client Thousands
Every ERISA lien negotiation begins with the same critical question: Is this plan self-funded or fully insured?
Get this right, and you know exactly what legal framework applies. Get it wrong, and you could be leaving tens of thousands of
What Every Trial Lawyer Needs to Know About ERISA Liens
If your personal injury client has employer-sponsored health insurance, you’re almost certainly dealing with ERISA. And if you’re not prepared for what that means, you could be leaving significant money on the table or, worse, exposing your firm to liability.
