Legal Opinion

Carpenter v. Modern Drop Forge Co.

District Court, N.D. Indiana

Decided October 23, 1995No. 3:94-cv-00258PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

SPRINGMANN, United States Magistrate Judge.

In this case, the Plaintiffs are attempting to escape the application of the subrogation clause of an employee benefit plan to their recovery in a personal injury action. Modern Drop Forge created the employee benefits plan under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (ERISA). Therefore, ERISA governs this case and preempts state law in this area. Despite ERISA’s preemptive effect, the Plaintiffs attempt to escape the strictures of the plan’s subrogation clause by applying the Indiana…

2Cases cited11 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. FMC Corp. v. HollidaySupreme Court of the United States · 1990
  4. Fox Valley & Vicinity Construction Workers Pension Fund v. Laurine Brown (Lamar), and Dessie Brown, and All UnknownCourt of Appeals for the Seventh Circuit · 1990
  5. Diane M. Cutting and Warren L. Cutting v. Jerome Foods, IncorporatedCourt of Appeals for the Seventh Circuit · 1993

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

3Cited by16 opinions

  1. Scholtens v. SchneiderIllinois Supreme Court · 1996
  2. Harris v. Harvard Pilgrim Health Care, Inc.Court of Appeals for the First Circuit · 2000
  3. Blackburn v. BeckerDistrict Court, N.D. Illinois · 1996
  4. Harris v. Harvard Pilgrim Health Care, Inc.District Court, D. Massachusetts · 1998
  5. Health & Welfare Plan for Employees of REM, Inc. v. RidlerDistrict Court, D. Minnesota · 1996

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

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