Author Archives: Mike Rosenbaum
ERISA Subrogation Is Not Always A Slam Dunk For The Health Plan
If an ERISA based plan is not self-funded, the plan is subject to state insurance regulation. Statutory limitations on subrogation and lien rights of health plans and auto insurance policies can be considered insurance regulations that are not subject to preemption. See FMC Corp v. Holliday, 498 U.S. 52 (1990). Even in the self-funded… Read More »
Punitive Damages Are Alive And Well In Oregon
Punitive damages are determined by juries in Oregon. Despite recent efforts in some states to limit the scope of punitive damages available to litigants in court cases, the Oregon Courts have consistently allowed large punitive damage awards, if the jury has evidence to conclude that the conduct was sufficiently reprehensible. In this regard, the… Read More »