09.13.2010 Recent Case Holds That ERISA Plan Fiduciaries Cannot Seek Reimbursement from the Contingency Fee Award to the Participant's Attorney
09.13.2010A 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.
Recent Case Holds That ERISA Plan Fiduciaries Cannot Seek Reimbursement from the Contingency Fee Award to the Participant’s Attorney