Legal Opinion

Administrative Committee of the Wal-Mart Stores, Inc. Associates' Health & Welfare Fund v. Hummell

District Court, N.D. Illinois

Decided February 21, 2003No. 02 C 5691PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

These are cross-motions for summary judgment in a dispute between a Wal-Mart health and welfare plan (“the Plan”) and an employee — Jean Hummell — covered under the Plan. Hummell was injured in an accident, and the Plan paid $16,698.10 in medical benefits on her behalf. She subsequently retained a lawyer to prosecute a personal injury case. The attorney, working on a one-third contingency fee, secured a settlement (after the second day of a jury trial) in the amount of $150,000. The lawyer offered to reimburse the Plan for its expenses but…

2Cases cited12 opinions

Erie Railroad v. TompkinsSupreme Court of the United States · 1938
Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
Swift v. TysonSupreme Court of the United States · 1842
Egelhoff v. Egelhoff Ex Rel. BreinerSupreme Court of the United States · 2001
Diane M. Cutting and Warren L. Cutting v. Jerome Foods, IncorporatedCourt of Appeals for the Seventh Circuit · 1993

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3Cited by1 opinion

Administrative Committee of Wal-Mart Stores, Inc.v. HummellCourt of Appeals for the Seventh Circuit · 2003