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ERISA Liens Continue To Weaken

ERISA health insurance liens continue to lose ground following the Montanile decision. Here, a federal district court in George applies Montanile to dismiss an ERISA claim for pension benefits. Cannella v Boone *In Cannella v. Boone, 2017 WL 2872423 (M.Dis. Ga. July 5, 2017), ERISA Pension Plan sued widow to recover 22 months of pension…

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2017 FEHBA update

Recent case law in Arizona has invalidated certain hospital liens after FEHBA health insurance payments. What is FEHBA? FEHBA health insurance plans are those provided to federal employees. If you, your spouse, or your parent are a federal employee, you may be eligible for a FEHBA based health plan. Wigand v Scottsdale Healthcare Hospitals In…

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ERISA Health Insurance Liens

For years US Supreme Court rulings have strengthened ERISA liens to the dismay of plaintiffs across the country. The most recent US Supreme Court ruling in Montanile v. Board of Trustees allows plaintiffs to regain some leverage in negotiating and fighting ERISA liens. Where ERISA Liens Began In 2005, the US Supreme Court decided Sereboff…

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