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Appellate Litigation Clinic Files Amicus Brief in Upcoming Supreme Court Case

November 05, 2012

Two students in the school’s Appellate Litigation Clinic wrote an amicus brief that’s been filed with the U.S. Supreme Court urging the justices not to allow an employer to reap “unjust enrichment.”

The brief argues that U.S. Airways and its health-insurance plan cannot recover reimbursement for non-medical expenses that were awarded to an employee who was injured in a car accident.

The employee settled a lawsuit for much less than his total damages, and U.S. Airways then sought to recover the full proceeds of the settlement, including those awarded for things other than medical expenses.

Students Rachel King and Nick Verna worked on the amicus brief, along with Professor Amy Montemarano.

The amicus brief argues that courts have the power to limit reimbursements insurers can recover from an insured party’s judgment or settlement proceeds. To support the argument, the students surveyed reimbursement methods under federal statutes like Medicare and Medicaid as well as state-insurance and workers’ compensation systems.

Professors Pammela Quinn Saunders, Robert Field, Richard FrankelNorman Stein and colleagues from five other law schools joined in signing the brief.