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Remedies Under ERISA When a Plan Participant Spends the Proceeds in a Subrogation Case
On Jan. 20, 2016, the United States Supreme Court rendered its decision, in an 8-1 vote, in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent.
The Supreme Court held that “when a participant dissipates the whole settlement on nontraceable items [such as services or food], the fiduciary cannot bring a suit to attach the participant's general assets under '502(a)(3) [of ERISA] because the suit is not one for 'appropriate equitable relief.'” See Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 577 U.S., __ No. 14-723, slip op. at 2 (Sup. Ct. Jan. 20, 2016).
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.