ERISA liens are a big part of the reason why many settlements end up disappointing so many.<\/p>\n
Once upon a time, if a lawyer emerged victorious in a settlement, a client could be told exactly what the victory would net him\/her after fees, costs, and liens. A clear distinction existed between those liens that had to be paid back and those that didn’t. Some government liens were statutorily required to be paid back, while all other private liens were prohibited. Enter ERISA.<\/p>\n
If ERISA were human, she’d be an ex-girlfriend of death. In fact, the Employee Retirement Income Security Act and the cases interpreting it introduce a dust storm of arcane legal doctrine and ambiguity to the question of what liens must be paid back. Legal questions dot the fur like fleas on your pet. Which health plans and disability plans are promulgated pursuant to ERISA? Which of those ERISA plans are self-funded (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" ERISA liens are a big part of the reason why many settlements end up disappointing so many. Once upon a time, if a lawyer emerged victorious in a settlement, a client could be told exactly what the victory would net…<\/span><\/p>\n