09.13.2010 Recent Case Holds That ERISA Plan Fiduciaries Cannot Seek Reimbursement from the Contingency Fee Award to the Participant's Attorney
A recent decision in the U. S. District Court for the Eastern District of North Carolina has held that a plan administrator with a claim against the insured for amounts recovered from a third party for medical benefits cannot pursue equitable remedies against the contingency fee attorney under the Employee Retirement Income Security Act of 1974 (“ERISA”).

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This alert was also published by the NCBA Labor & Employment e-newsletter. It appeared in Volume 29, Number 2, December 2010.