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 for $100,000 and the ERISA plan sued the beneficiaries for $50,000 in 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 yesterday, Sept. 24, 2013, the Court granted summary judgment for the beneficiaries because the ERISA plan’s claim was filed too late. 

The Court applied Arizona’s 1 year statute of limitations for “employment contract” disputes, noting that the ERISA plan’s lawsuit was filed “close to years after [the claims] accrued.”  As a result the reimbursement claim was time-barred.

As to the law firm’s summary judgment previously entered, this decision also awards attorney fees of $30,700 and non-taxable costs of $600.42 to the law firm.

Blood Systems Inc v Roesler et al

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