Bishop v. Burgard

How courts have described this case

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

• holding that motion to adjudicate lien was not preempted by ERISA and Illinois common fund doctrine overrode plan language and would reduce plan’s reimbursement of expenses paid for insured
• allowing plaintiff’s attorney to independently rely upon the common fund doctrine “does not affect the contractual relationship between the plan participant and the plan”
• allowing plaintiff's attorney to independently rely upon the common fund doctrine \does not affect the contractual relationship between the plan participant and the plan\
• where the United States Supreme Court has not ruled on a question, federal circuit courts of appeals exercise no appellate jurisdiction over the Illinois Supreme Court
• the common fund doctrine requires an ERISA plan to reimburse a plaintiff’s attorney for reasonable value of legal services rendered in protecting the plan’s subrogation hen
• the common fund doctrine requires an ERISA plan to reimburse a plaintiff's attorney for reasonable value of legal services rendered in protecting the plan's subrogation lien

Source: CourtListener parenthetical corpus (CC0).