Administrative Committee of Wal-Mart Stores, Inc.v. Hummell

ORDER

When Jean Hummell was injured, the ERISA-covered Wal-Mart Stores, Inc. Associates’ Health and Welfare Plan paid her medical expenses. The Plan requires Hummell to reimburse it without subtracting any amount for her attorney’s fees if she recovers from the responsible third party. Hummell did recover and paid her attorney his one-third. Hummell then offered to reimburse the Plan, but only after deducting one-third to help pay her attorney’s fees. The Plan’s Administrative committee refused to accept Hummell’s offer and brought a constructive trust suit against her to recover the full…