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RHEA v. ALAN RITCHEY, INC. WELFARE BEN. PLAN

No. 16-41032.

858 F.3d 340 (2017)

Donna RHEA, Plaintiff-Appellant, v. ALAN RITCHEY, INCORPORATED WELFARE BENEFIT PLAN; Alan Ritchey, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED May 30, 2017.

Attorney(s) appearing for the Case

Lawrence Ray Lassiter , Miller Weisbrod, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Laura D. Schmidt , Downs & Stanford, P.C., Dallas, TX, for Defendants-Appellees.

John David Kolb , Gibson Kolb, P.L.C., Louisville, KY, for Amicus Curiae National Association of Subrogation Professionals.

Before SMITH, PRADO, and GRAVES, Circuit Judges.

Donna Rhea was the beneficiary of an employee benefit plan organized under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. § 1001 et seq. Rhea suffered injuries from medical malpractice. The plan covered some of her medical expenses. After she settled the malpractice...

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