Justin Hart v. Wal-Mart Stores, Inc. Associates' Health and Welfare Plan

CUDAHY, Circuit Judge.

Yogi Berra might describe this case as “deja vu all over again.” For if the case seems familiar, it may be because we have decided the precise question presented in this appeal twice before — both times under virtually identical circumstances — and most recently, against the same appellant. See Speciale v. Seybold, 147 F.3d 612 (7th Cir.1998); Blackburn v. Sundstrand Corp., 115 F.3d 493 (7th Cir.1997). In both of these earlier cases we held that a petition to apportion claims to a settlement fund between an ERISA plan subrogation claim and other lienholders was not…