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Attorneys — Constructive Trust – Tort/Negligence – Settlement Funds – ERISA Lien (access required)

Barnhill Contracting Co. v. Oxendine (Lawyers Weekly No. 15-02-0493, 14 pp.) (Louise Flanagan, J.) 7:14-cv-00211; E.D.N.C. Holding: Where an ERISA plan administrator seeks a declaration as to its reimbursement and recovery rights under the plan for specifically identifiable funds – settlement proceeds up to $69,117.31 in medical benefits paid – in the possession and control of ...

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