The Magic 8 Ball says –The Supreme Court’s Montanile Decision and The Seemingly Random Evolution of Supreme Court ERISA Remedies Jurisprudence

It’s a common fact pattern.  A plan participant is injured and received benefits for treatment of his injuries.  The participant then sues a third party for damages based on his injuries.  The plan then seeks to recover a portion of the judgment or settlement in reimbursement.  So common is this fact pattern that the ability of the plan fiduciaries to recover on these facts has been the subject of four Supreme Court decisions.

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