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US AIRWAYS, INC. v. McCUTCHEN

No. 10-3836.

663 F.3d 671 (2011)

US AIRWAYS, INC., in its capacity as Fiduciary and Plan Administrator of the US Airways, Inc. Employee Benefits Plan v. James E. McCUTCHEN; Rosen Louik & Perry, P.C., Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: November 16, 2011.

Attorney(s) appearing for the Case

Leslie A. Brueckner, Esq. , Matthew W.H. Wessler, Esq. [Argued], Public Justice, Washington, D.C., Paul Hilko, Esq. , Neil R. Rosen, Esq. , Rosen Louik & Perry, Pittsburgh, PA, for Appellants.

Noah G. Lipschultz, Esq. [Argued], Littler Mendelson, Minneapolis, MN, Shannon H. Paliotta, Esq. , Littler Mendelson, Pittsburgh, PA, for Appellee.

Before: SLOVITER, FUENTES, and VANASKIE, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

After Appellant James McCutchen suffered a serious automobile accident, a benefit plan administered by US Airways paid $66,866 for his medical expenses. McCutchen then recovered $110,000 from third parties, with the assistance of counsel. Then US Airways, which had not sought to enforce its subrogation rights, demanded reimbursement of the entire $66,866 it had paid without allowance for McCutchen's legal costs...

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