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Text of Respondent's Brief to Supreme Court on Tracing Requirement for ERISA Benefit Overpayments (PDF)
Board of Trustees of the National Elevator Industry Health Benefit Plan Oct. 2, 2015
71 pages. "To establish its right to recover, the Plan had to prove three things -- and only three things: [1] Montanile agreed to repay money out of any third-party tort settlement, [2] the settlement fund from which Montanile agreed to make repayment was specifically identified, and [3] Montanile came into possession of that fund.... To ensure that the Plan's right to reimbursement is not ' "without a remedy" ' under the statute, the Court should affirm." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; cert. pet. granted Mar. 30, 2015)]
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