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· 3/11/2008

Benefit Recovery, Inc. v. Donelon

Citations

  • 521 F.3d 326
  • 43 Employee Benefits Cas. (BNA) 1417
  • 2008 U.S. App. LEXIS 5259
  • 2008 WL 642972

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the state insurance commissioner’s directive prohibiting insurers from enforcing subrogation rights until insureds are fully compensated for their injuries alters the permissible bargains between insureds and insurers by telling them what bargains are acceptable
  • stating that arguments cannot be raised for the first time in a reply brief
  • noting that a state advisory that merely expounded on what was already in the state's insurance code nonetheless was a \state law\ under ERISA because \the hand of the state ... requires compliance\
  • “We will not consider arguments or evidence that was not presented to the district court.”
  • \We will not consider arguments ... that w[ere] not presented to the district court” and \arguments cannot be raised for the first time in a reply brief.”
  • \We will not consider arguments or evidence that was not presented to the district court.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Smith, Dennis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.