Legal Opinion

US Airways, Inc. v. McCutchen

Court of Appeals for the Third Circuit

Decided November 16, 2011No. 10-3836PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

FUENTES, Circuit Judge:

After Appellant James McCutchen suffered a serious automobile accident, a benefit plan administered by US Airways paid $66,866 for his medical expenses. McCutchen then recovered $110,000 from third parties, with the assistance of counsel. Then US Airways, which had not sought to enforce its subrogation rights, demanded reimbursement of the entire $66,866 it had paid without allowance for McCutchen’s legal costs, which had reduced his net recovery to less than the amount it demanded. US Airways filed this suit against McCutchen for “appropriate…

2Cases cited20 opinions

  1. Holland v. FloridaSupreme Court of the United States · 2010
  2. Varity Corp. v. HoweSupreme Court of the United States · 1996
  3. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  4. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  5. Hecht Co. v. BowlesSupreme Court of the United States · 1944

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

3Cited by22 opinions

  1. U.S. Airways, Inc. v. McCutchenSupreme Court of the United States · 2013
  2. National Security Systems, Inc. v. IolaCourt of Appeals for the Third Circuit · 2012
  3. Deborah Kenseth v. Dean Health Plan, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
  4. ACS Recovery Services, Inc. v. Larry GriffiCourt of Appeals for the Fifth Circuit · 2013
  5. Millennium Lab Holdings II LLC v.Court of Appeals for the Third Circuit · 2019

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

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