ERISA Liens: Born in Equity, but Often Anything but Equitable

July 29, 2026

ERISA reimbursement claims are framed as “equitable relief,” but for injured plaintiffs the results often feel anything but fair. This post traces four landmark Supreme Court decisions — Great-West, Sereboff, McCutchen, and Montanile — to explain how plan language can override traditional equitable doctrines like made-whole and common-fund, and what personal injury attorneys need to investigate before paying or contesting a reimbursement demand.

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What Every Trial Lawyer Needs to Know About ERISA Liens

May 4, 2026

ERISA liens operate under different rules than other healthcare liens, and since McCutchen, plan language controls almost everything. This guide breaks down self-funded vs. fully insured plans, how to use 1024(b)(4) document requests for leverage, and which post-McCutchen strategies still help reduce liens for your clients.

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