WASHINGTON – The justices of the U.S. Supreme Court seemed divided over whether the federal Medicaid Act preempts a North Carolina law authorizing the state to recoup as much as one third of any medical malpractice jury award or settlement, regardless of how much of the award was designated for medical expenses.
WASHINGTON – When an accident victim’s medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries, who foots the attorney’s bill?
That question was at the heart of oral arguments on Tuesday at the U.S Supreme Court in U.S. Airways v. McCutchen, a complicated case that pits plain-language contractual interpretation against the equitable principle of unjust enrichment.
The U.S. Supreme Court will decide whether federal law prevents a state Medicaid program from taking one-third of an injured minor’s personal injury settlement pursuant to a presumption created by the state’s third-party liability law.
Does federal law prevent a state Medicaid program from taking one-third of an injured minor’s personal injury settlement pursuant to a presumption created by the state’s third-party liability law?
A landlord’s insurer may maintain a subrogation action against a commercial tenant whose alleged negligence caused water damage to the property, the Minnesota Supreme Court has ruled in reversing judgment.
A homeowners’ insurer could not recover payments made to settle a fire damage claim from a boyfriend of the insured whose negligence caused the blaze, the Connecticut Supreme Court has ruled in reversing a $63,000 judgment.
An ERISA plan was entitled to reimbursement for the cost of medical expenses it paid on behalf of a participant, the 11th Circuit has ruled in affirming a summary judgment for the plan.
A plaintiff’s attorney is not entitled to a portion of a subrogated medical payment, the Alaska Supreme Court has ruled.