Legal Opinion
Thomas Waller v. Hormel Foods Corp.
Court of Appeals for the Eighth Circuit
Decided July 17, 1997No. 96-2080, 96-2231PublishedCited by 1 opinion
1Opinion of the Court
LOKEN, Circuit Judge.
Thomas and Judith Waller received medical benefits from the Hormel Foods Corporation Medical Plan (the “Plan”), a plan governed by the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (“ERISA”). They appeal the district court’s 1 decision that the Plan’s subrogation clause grants it a first priority claim to the proceeds of the Wallers’ settlement with a third-party insurer. The Plan cross appeals the award of attorney’s fees to the Wallers for generating the settlement fund. We remand for further consideration of the attorney’s fee issue but otherwise…
2Cases cited22 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Cagle v. BrunerCourt of Appeals for the Eleventh Circuit · 1997
- Landro v. Glendenning Motorways, Inc.Court of Appeals for the Eighth Circuit · 1980
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3Cited by1 opinion
- Waller v. Hormel Foods CorporationCourt of Appeals for the Eighth Circuit · 1997