| Volume 119 Number 9 |
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The People’s Lawyer’s Tip of the Day
With the snow storm in the east coast, many travelers will have to contend with flight delays, cancellations and other weather-related interruptions. To minimize frustration and time spent waiting for updates at the airport, follow these five tips.
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Over 70,000 Britax Car Seats Recalled
Have little ones at home? The U.S. Consumer Product Safety Commission announced the recall of more than 71,000 infant car seats manufactured by Britax. According to the recall notice, "the car seat carry handle can crack and break allowing the seat to fall unexpectedly, posing a risk of injury to the infant."
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Your Money
The cost of heating your home can quickly smoke your budget during the winter. Follow the strategies provided by energy expert, Phil Van Horne, to save on heating. Click here for more.
For the Lawyers
When an ERISA plan participant wholly dissipates a third-party settlement, plan fiduciary may not bring suit to attach participants separate assets. Montanile was seriously injured by a drunk driver. His ERISA plan paid more than $120,000 for his medical expenses. Montanile sued the drunk driver, obtaining a $500,000 settlement. The plan administrator sought reimbursement from the settlement. Montanile’s attorney refused and indicated that the funds would be transferred from a trust account to Montanile unless the administrator objected. The administrator did not respond. Montanile received the settlement. Six months later, the administrator sued under ERISA 502(a)(3), which authorizes plan fiduciaries to file suit “to obtain . . . appropriate equitable relief . . . to enforce . . . the plan.” 29 U.S.C. 1132(a)(3). The Eleventh Circuit held that even if Montanile had completely dissipated the fund, the plan was entitled to reimbursement from Montanile’s general assets. The Supreme Court reversed and remanded for determination of whether Montanile had dissipated the settlement. The court noted that historical equity practice does not support enforcement of an equitable lien against general assets. Montanile v. Bd. of Trs. of Nat'l Elevator Indus. Health Benefit Plan Click here for more.