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On November 27, 2012, the Supreme Court heard oral argument in U.S. Airways, Inc. v. McCutchen. The case considers whether under Employee Retirement Income Security Act (ERISA) an injured employee who has medical expenses paid through his employer’s benefit plan--and who then sues and recover damages from the third party who was responsible for the injury--is required to reimburse the benefit plan in full, even when some of the damages went to cover attorney’s fees.

To discuss the case, we have Jason Mendro, who is a Partner in the Washington, DC office of Gibson, Dunn and Crutcher.

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