Legal Opinion

Tim Mackey v. Terri Lynn Johnson

Court of Appeals for the Eighth Circuit

Decided August 22, 2017No. 16-1886PublishedCited by 7 opinions

1Opinion of the Court

COLLOTON, Circuit Judge.

Terri Johnson brought a wrongful-death action against the Duluth Clinic, alleging that the Clinic'was negligent in its treatment of her brother’s lung cancer. Johnson’s brother was a participant in the Minnesota Laborers Health and Welfare Fund, and the Fund paid for his medical treatment. Johnson settled her claim with the Clinic. The Fund then sued Johnson, her legal counsel Meshbesher & Spence, and the Clinic under the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a)(3). The Fund alleged that it had a right to a portion of the settlement attributable to…

2Cases cited6 opinions

  1. Lyon Financial Services, Incorporated, d/b/a U.S. Bancorp Business Equipment Finance Group v. Illinois Paper and Copier CompanySupreme Court of Minnesota · 2014
  2. Johnson v. Consolidated Freightways, Inc.Supreme Court of Minnesota · 1988
  3. Dykes v. Sukup Manufacturing Co.Supreme Court of Minnesota · 2010
  4. Prescott v. SwansonSupreme Court of Minnesota · 1936
  5. Melissa Malloy v. United States Postal ServiceCourt of Appeals for the Eighth Circuit · 2014

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Dwayne Andrews v. Keith SchaferCourt of Appeals for the Eighth Circuit · 2018
  2. James Sharbono v. Northern States Power CompanyCourt of Appeals for the Eighth Circuit · 2018
  3. Mark Boswell v. Panera Bread CompanyCourt of Appeals for the Eighth Circuit · 2018
  4. Broadway Ford Truck Sales, Inc. v. Depositors Insurance CompanyCourt of Appeals for the Eighth Circuit · 2023
  5. Huff v. Canterbury Park Holding CorporationDistrict Court, D. Minnesota · 2023

2 more not listed; retrieve them via the Exa API.

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