65. AC Houston v. Berg, 2010 WL 5439786 (9th Cir. 12/29/10)

9th Cir. reversed holding of district court finding plaintiff’s attorney liable out of his fees for an unpaid ERISA lien. Court refused to follow 6th Cir. Longaberger (#64) case and held that prior 9th Cir. decision in Gentner (#14) holding attorney is not liable for such liens absent an agreement is binding precedent and not changed by S. Ct. decision in Sereboff (#41). Not published but may be cited per FRAP 32.1.


66. Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010)

Ct held that MediCare lien wd be apportioned from $38K to $788 in accordance with FL probate court’s equitable apportionment of wrongful death proceeds among all heirs and competing claimants. MediCare had been given notice of the probate ct proceeding but failed to appear. District ct reversed for finding that the MediCare statutes, CFRs and the MSP Manual dictated that fed law prevailed over state court apportionment.


67. Branson v. Sharp Healthcare, Inc., DHCS Respondent (CA App.) 2011 WL 1136233.  In med mal case, quadriplegic plaintiff recovered $6.8M of his $29M in actual damages. On Ahlborn reduction motion, ct not only reduced the Medi-Cal lien to the same 23.8% of total damages recovered by plaintiff, but also applied a further 25% reduction under W&I 14124.72 w/o discussion of W&I 14124.785, appearing to preclude such a double discount. Ct also ordered Medi-Cal to reimburse $250K overpayment on first portion of settlement, despite fact that earlier settlement and payment was apparently after Ahlborn decision.


Mark C. Blane is a San Diego Auto Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights.  It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.