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Case at Supreme Court: Do Equitable Defenses Preclude ERISA Plan Subrogation Rights?
Lane Powell PC 
Nov. 26, 2012
"The case will most likely have a huge impact on ERISA reimbursement. ... A very tough factual case -- McCutcheon was seriously injured and is now disabled. His attorneys already took 40% of the very limited settlement proceeds -- the tortfeasor had little or no assets or insurance; if the ERISA plan wins, McCutchen will have little or no recovery. Tough facts could result in some bad law."
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