JURIST Guest Columnist John W. Klinker of Loyola University Chicago School of Law discusses how the decision in Montanile potentially creates a precedent that could affect the funding of welfare ...
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Montanile v Board of Trustees of the National Elevator Industry Health Benefit Plan presents a fact situation so pedestrian it is remarkable that the answer could be unclear: when someone with health ...
General Obligations Law §5-335 prohibits, with only a handful of exceptions, health care plans from asserting claims for reimbursement or subrogation claims against personal injury plaintiffs' ...
A recent decision by the U.S. Supreme Court seems to limit the ability of ERISA plans to seek equitable relief or reimbursement of payments from a third-party recovery—especially in cases where the ...
The court affirmed the trial court's denial of MidFirst Bank's motion for summary judgment on claims seeking to encumber an entire parcel of property through equitable remedies. The dispute arose from ...
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