The United States Court of Appeals, Sixth Circuit, recently issued an opinion that is unfavorable to tort plaintiffs who have had their medical care paid for by an ERISA plan. The case is The Longaberger Co. v. Kolt, 09a0399p.06 (6th Cir. Nov. 16, 2009).
The opinion is a must-read for all tort-practitioners because of one very important thing: the court specifically disallowed a reduction for attorney's fees from the amount paid back to the ERISA plan.
Here's a link to the opinion:
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