Hogan Lovells Publications | U.S. Supreme Court and Appellate Alert | 28 November 2012
In US Airways, Inc. v. McCutchen, Hogan Lovells argues to the Supreme Court that an ERISA plan's reimbursement provision must be enforced according to its terms
On Tuesday, the United States Supreme Court heard argument on an important question affecting all sponsors and administrators of ERISA health benefit plans: whether a court may rewrite plan language to eliminate a plan’s right to seek reimbursement from beneficiaries out of third-party recoveries. Neal Katyal of Hogan Lovells argued, on behalf of our client US Airways, the plan sponsor, that the Court should answer that question in the negative; courts should not rewrite the plain terms of an ERISA plan to accommodate late-breaking “equitable” adjustments to the plan’s clear reimbursement right. He was joined on the briefs by a team of Hogan Lovells lawyers that included Cate Stetson, Dominic Perella, Mary Helen Wimberly, and Sean Marotta.
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