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Transcript of Oral Argument Before the Supreme Court on Tracing Requirement for Equitable Recovery of Overpayments by ERISA Plans (PDF)
Supreme Court of the United StatesLink to more items from this source
Nov. 10, 2015
Audio of the argument is available here. "[Chief Justice Roberts, to counsel for Petitioner Montanile:] I'm just wondering if the solution you're advocating is going to make life a lot more complicated and expensive for the funds, which is, of course, contrary to the idea of preserving the assets.... [Chief Justice Roberts, to counsel for Respondent Health Plan:] It has to be pretty easy for you to protect yourself, doesn't it, at soon as at some suitable time after the injury you do write a letter to the person and say, look, you need to know that if you sue somebody, the money is ours, and because we have these rights of subrogation, or let us know if you're going to, and we'll show up in court with you and ... help you? ... I think your friend has ... a significant point that it's actually not as hard as it might appear." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; oral arg. Nov. 9, 2015)]

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