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.
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