Publications

Section Newsletter Articles on Common Fund Doctrine

Stanton v. Rea: The intersection of the common fund doctrine with attorneys’ liens and medical providers’ liens By Hon. Daniel T. Gillespie and Rachel Fugett Civil Practice and Procedure, July 2013 Black’s Law Dictionary lists 62 separate liens. Stanton v. Rea discusses two of them.
The U.S. Supreme Court applies the Common Fund Doctrine to the right to recover payments under an employee benefit plan By Robert T. Park Civil Practice and Procedure, April 2013 The decision in U.S. Airways, Inc. v. McCutchen signals a willingness of the federal courts to apply the common fund doctrine to employee benefit plan reimbursement where the plan does not expressly allocate the cost of recovery from a third party.
ERISA and the Common Fund Doctrine: A precept By D.J. Evans Civil Practice and Procedure, October 2008   If you have dealt with a so-called ERISA lien before, you are trained to spot these liens from a mile away and already know the consequences. However, if this is your first heavyweight bout with the albatross which is referred to as the ERISA lien, you simply have no idea what you are about to encounter.