Southern Council of Industrial Workers v. Ford

The Southern Council of Industrial Workers and the Southern Council of Industrial Workers Trust Fund (Southern Council) appeal from the district court’s order dismissing for lack of subject matter jurisdiction their action under 29 U.S.C. § 1132 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. We affirm in part and reverse in part and remand for further proceedings.

I

Southern Council’s complaint alleged the following: It maintained an employee benefit plan that provided health insurance; the plan contained a subrogation clause providing that Southern Council…