Legal Opinion

Hampton Industries, Incorporated v. Mary Sparrow Whitley, Coley & Wooten, P.A.

Court of Appeals for the Fourth Circuit

Decided December 21, 1992No. 92-1494PublishedCited by 21 opinions

1Opinion of the Court

OPINION

DONALD RUSSELL, Circuit Judge:

Hampton Industries (Hampton), appeals from the district court’s determination that the allocation of personal injury settlement funds, pursuant to an enforceable subrogation clause in an employee benefit plan, was controlled by section 44-50 of the North Carolina General Statutes. Because we find that the Employee Retirement Income Security Act (ERISA) preempts the North Carolina statute, we reverse.

I

On October 18, 1988, Mary Sparrow was injured in an automobile accident. Mrs. Sparrow incurred medical expenses of $29,-856.14 as a result of her accident. At…

2Cases cited4 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  3. FMC Corp. v. HollidaySupreme Court of the United States · 1990
  4. Pat Thompson Don Thompson v. Talquin Building Products CompanyCourt of Appeals for the Fourth Circuit · 1991

3Cited by21 opinions

  1. United Wire, Metal & Machine Health & Welfare Fund v. Morristown Memorial HospitalCourt of Appeals for the Third Circuit · 1993
  2. Singh v. Prudential Health Care Plan, Inc.Court of Appeals for the Fourth Circuit · 2003
  3. Rhodes, Inc. v. MorrowDistrict Court, M.D. North Carolina · 1996
  4. McINNIS v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANYCourt of Appeals for the Fourth Circuit · 1994
  5. Travitz v. Northeast Department ILGWU Health & Welfare FundDistrict Court, M.D. Pennsylvania · 1993

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