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Eleventh Circuit Declares Tracing Not Required for ERISA Liens
Paul Hastings LLP
Oct. 9, 2014
"This case greatly increases the leverage plans have when negotiating with a participant's personal injury attorney, because if the attorney does not cooperate and tries to settle out from under the plan, the plan can sue the attorney to recover the funds he or she received and its attorneys' fees under ERISA Section 502(g)." [AirTran Airways Inc. v. Elem, Nos. 13-11738 & 13-14912 (11th Cir. Sept. 23, 2014)]
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