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District Court Within Sixth Circuit Holds that Plan Language Overrides Common Fund Doctrine
Health Subrogation Blog 
[Guidance Overview] Dec. 6, 2010
Excerpt: A recurring issue for health plan subrogators is whether a state law -- or federal common law -- common fund doctrine requires a health plan to reduce it's subrogation amount by one-third. In Electric Energy, Inc. v. Lambert, ... the Court held that the Illinois common fund doctrine was preempted by ERISA and plan language rejecting the common fund doctrine was sufficient to preclude application of a federal common law common fund doctrine.
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