Legal Opinion
Benefit Recovery, Inc. v. Donelon
Court of Appeals for the Fifth Circuit
Decided March 11, 2008No. 07-30414PublishedCited by 48 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge;
Benefit Recovery, Inc. (“Benefit”), sued the Louisiana Commissioner of Insurance in his official capacity; 1 the district court granted summary judgment for the Commissioner, holding that the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., does not preempt Directive 175, which the Commissioner had issued. We affirm.
I
In early 2003, the Commissioner issued Directive 175, which provides that “any right of recovery from third parties on the part of the insurer, whether by subrogation or reimbursement, is subordinate to the…
2Cases cited18 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
- Swift v. TysonSupreme Court of the United States · 1842
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- Nissho-Iwai American Corporation v. R. Sukarno Kline, Individually and D/B/A Frankenburg Import-Export Ltd.Court of Appeals for the Fifth Circuit · 1988
13 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Jay Isaac Hollis v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2016
- Angela Johnson v. American United Life InsuranceCourt of Appeals for the Fourth Circuit · 2013
- American Council of Life Insurers v. RossCourt of Appeals for the Sixth Circuit · 2009
- LYONDELL CHEMICAL CO. v. Occidental Chemical Corp.Court of Appeals for the Fifth Circuit · 2010
- Teddy Davis v. Billy PierceCourt of Appeals for the Fifth Circuit · 2016
43 more not listed; retrieve them via the Exa API.