Legal Opinion

Bollman Hat Company v. Kevin T. Root Dale E. Anstine, P.C. Bollman Hat Company, as Sponsor of the Bollman Hat Company Health and Welfare Benefits Plan

Court of Appeals for the Third Circuit

Decided May 15, 1997No. 96-1191PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal involves an ERISA plan’s subrogation rights, specifically whether a plan must contribute to the legal expenses of a plan participant’s recovery against a third party. We addressed this issue in Ryan by Capria-Ryan v. Fed. Express Corp., 78 F.3d 123 (3d Cir.1996), decided after the district court here rendered judgment. In this appeal we are asked to distinguish Ryan or in the alternative to reconsider our holding in Ryan.

I

Bollman Hat Company sponsors a self-insured, ERISA regulated employee benefit plan. After a Bollman employee, Kevin…

2Cases cited24 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Illinois v. City of MilwaukeeSupreme Court of the United States · 1972
  3. Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
  4. Blau v. Del Monte Corp.Court of Appeals for the Ninth Circuit · 1984
  5. York v. First Presbyterian ChurchSupreme Court of the United States · 1985

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

3Cited by53 opinions

  1. Wal-Mart Stores, Incorporated Associates' Health and Welfare Plan and Administrative Committee, Administrator of the Plan v. Denise WellsCourt of Appeals for the Seventh Circuit · 2000
  2. United McGill Corporation v. Sharon StinnettCourt of Appeals for the Fourth Circuit · 1998
  3. Bill Gray Enterprises, Incorporated Employee Health And Welfare Plan v. Ronald L. GourleyCourt of Appeals for the Third Circuit · 2001
  4. 22 Employee Benefits Cas. 2169, Pens. Plan Guide (Cch) P 23950aCourt of Appeals for the Third Circuit · 1998
  5. Health Cost Controls v. Ralph Isbell, Father and Next Friend of Tammy IsbellCourt of Appeals for the Sixth Circuit · 1997

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

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