AIRTRAN AIRWAYS, INC. v. ELEM

Nos. 13-11738 & 13-14912.

767 F.3d 1192 (2014)

AIRTRAN AIRWAYS, INC., Plaintiff-Appellee, v. Brenda ELEM, Mark D. Link, and Link & Smith, P.C., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 23, 2014.


Attorney(s) appearing for the Case

Elizabeth J. Bondurant , Aaron Edward Pohlmann , Dorothy Hubbard Cornwell , Smith Moore Leatherwood, LLP, Atlanta, GA, for Plaintiff-Appellee.

Charles Madden Cork, III , Law Office of Charles M. Cork, III, Macon, GA, for Defendants-Appellants.

Before WILLIAM PRYOR and MARTIN, Circuit Judges, and HONEYWELL, District Judge.


PRYOR, Circuit Judge.

This appeal requires us to decide whether an employee welfare benefit plan may recover medical costs it spent on behalf of a beneficiary after she and her attorney conspired to hide and disburse settlement funds she received after a car accident. Brenda Elem participated, as an employee of AirTran, in a self-funded employee welfare benefit plan. After Elem suffered injuries in a car accident and the...

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