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LT’s Mike Magee Establishes a 1-Year Statute of Limitations, Defeats ERISA Reimbursement Claim

In Blood Systems, Inc. v. Roesler, et. al., the Arizona Federal District Court ruled in favor of both the plan beneficiaries and their law firm in this ERISA Reimbursement Action. The personal injury case settled and the ERISA plan sued the beneficiaries for medical bills, also suing the law firm that handled the case. In an earlier ruling, this Court granted the law firm summary judgment holding that the plan had no remedy against the law firm. In this decision, handed down Sept. 24, 2013, the Court granted summary judgment for the beneficiaries because the ERISA plan’s claim was filed too late.

Congratulations to Levenbaum Trachtenberg attorney Mike Magee, who was instrumental in the court’s decision to apply a 1-year statute of limitations for “employment contract” disputes. The court noted that the ERISA plan’s lawsuit was filed “close to years after [the claims] accrued.” As a result the reimbursement claim was time-barred.