NASP Amicus Briefs Status Pending 1 of 1
Committee Amicus
Case Name Rep. Counsel for NASP Issue in Case Granted Brief Revwd.
Deductible
reimbursement
Harrnick v. State Will Syliantaeng, when the injured
Farm Mutual Auto, Bennett Bricklin & party claims to not
3rd Cir. Fed Ct. Daran Saltzburg be made whole? Yes, 2009 Yes
Can Nevada
Welday v. Health plan
Summerline Health, contract away the
Nevada Supreme "made whole"
Court John doctrine? Yes, 2009 Yes
NASP Amicus Briefs Status Decisions 1 of 2
Committee Amicus
Case Name Rep. Counsel for NASP Issue in Case Granted Brief Revwd.
Constitutionality of
Holten v. Crouse Ohio Work Comp.
Cartage Co., Ohio Elliott, David Matejczyk & Statute Subro
Supreme Court John Glenna Roberts Rights Yes, 2001 Yes
Great West v. ERISA enforcement
Knusdon, U.S. Elliott, of reimbursement
Supreme Court John Marc D. Spenser in Federal Court Yes, 2001 Yes
Can an insurer
Northern Buckeye v. contract away the
Lawson, Ohio Elliott, made-whole
Supreme Court John Daran Kiefer doctrine Yes, 2004 Yes
Is a subrogation/
reimbursement
Fortis Benefits v. clause restricted
Cantu, Texas Daran & by the made
Supreme Court John Gary Wickert whole doctrine? Yes, 2005 Yes
Statute of
Principal Life v. Limitations and
Mega Life Ins., direct action by
Oklahoma S. Ct. Elliott Elliott Feldman Health Ins. Yes, 2005 No
Evidence of other
City Madison Hts. V. sweeper fires no
Elgin Sweeper, Mi Ct admissible in
of Appeals John subrogation case Yes, 2005 No
Federal Jurisdiction
Mid-Atlantic v. John Kolb, Daran for reimbursement
Sereboff, U.S. John & Kiefer Tom actions under
Supreme Court Daran Lawrence ERISA Yes, 2006 Yes
Reverse
Condemnation suit
Ca State Auto Ass v. for sewage
Palo Alto, CA backup in
Supreme Ct. John Alan Jang subrogation Yes, 2006 No
NASP Amicus Briefs Status Decisions 2 of 2
Committee Amicus
Case Name Rep. Counsel for NASP Issue in Case Granted Brief Revwd.
Worker's
compensation
Gillette v. Wurst v. subrogation rights
Utica, PA Supreme John & Mark Schultz of and wrongful
Court Daran Cozen & O'Conner death allocation. Yes, 2006 Yes
Can an injured
Muller v. Society party not be made
Insurance Co., whole even when
Wisconsin Supreme Daran, Gary Wickert & they accept less
Ct. John Kevin Differt than policy limits Yes, 2007 Yes
Can State
Consumer
Protection Act be
Stephens v. Omni Tom Wolfe & applied to tort
Ins. Co., Washington Daran, Melissa O-Loughlin subrogation
Supreme Court John White claims? Yes, 2007 Yes
Does calculation
21st Century Ins. Co. of "made whole"
v. Superior Court, Joshua Kirsch of look at "gross"
California Supreme Daran, Gibson, Robb & recovery or "net"
Court John Lindh recovery? Yes, 2007 Yes
What notice must
American Family v. be given before
Golke, Wisconsin destroying
Sup. Ct. Daran Gary Wickert product? Yes, 2008 Yes
NASP Amicus Briefs Status Not Filed 1 of 1
Committee Amicus
Case Name Rep. Counsel for NASP Issue in Case Granted Brief Revwd.
Can Work Comp
carrier enforce lien
Summit Claims v. if they don't file
Lawyers Express, Fl notice in 3rd prty
Sup. Court Elliott None suit? No, 2005
Cons Protection
Act violation by
collection letters
Washington St. from Subrogation
Court CPA Cases Elliott None Atty. No, 2005
Rooker-Feldman
Doctrine
Todd v. Weltman, application to bar
Weinberg, U.S. FDCPA suit for false
Supreme Ct Daran None affidavit No, 2006
Federal Admiralty
Suit for state
drawbridge
Northern Ins. Of N.Y. damage to boat,
v. Chatham Ct, U.S. 11th & Sov
Supreme Daran None Immunity No, 2006
Steele v. AultCare Can ERISA plan
Corp, Ohio sue for subrogation
Supreme Ct. John Daran Kiefer in state court? Yes, 2006 No
Immunity for Public
New Jersey Daran, Utility Companies
Appellate Court John None from tort laibility No, 2007
Amount due WC
subro lien from
Daran, settlemetns with
NC Supreme Court John None some defendants. No, 2009
Statute of
Limitations does
nto start to run until
they pay and
Colorado Supreme expert issues report
Court Daran None of defect. No, 2009
January 11, 2010
Outcome/ Status
Stayed pending
outcome of state court
cases. NASP to join in
State Court appeals
Pending
January 11, 2010
Outcome/ Status
Ohio Supreme Court
ruled Work Comp.
statute unconstitutional.
We lost.
Supreme Court found
no jurisdiction to seek
reimbursement in
federal Court. We Lost.
Ohio Supreme Court
agreed that Insurance
contract can abrogate
made-whole rule. We
won.
Texas Suprem Court
ruled Insurers can
contract the make
whole rule. We won
NASP not allowed to file
brief.
Michigan Court did not
allow us to file an
Amicus Brief. Not filed.
Supreme Court ruled
jurisdiction exists under
ERISA to enforce
reimbursement
provision. We won.
Ca Supreme Court let
stand a appellate
decision allowing subro
suit against city. We
won.
January 11, 2010
Outcome/ Status
PA Supreme Court
agreed with NASP that
allocation could not be
made to avoid
subrogation. Won
Made whole did nto
apply to separate
settlement by Subro
carrier. We Won
WA Supreme Court
affirmed claim for
consumer tortfeasor
against collection
agency & insurer under
State CPA. Lost
Ca Supreme Court
agreed with NASP that
"made whole" looks at
gross recovery $$ and
not net of attorey fees.
Won.
Wisconsin Supreme
Court said Am Fam did
enough with letters to
potential parties to
destory product. We
Won
January 11, 2010
Outcome/ Status
NASP requested more
info. Certified conflict.
NASP not asked to get
involved.
NASP involvement not
requested.
NASP not involved,
narrow question of
federal court jurisdiction
& immunity.
NASP not involved,
supreme court ruled 11
Amend not protect
political sub.only state
NASP brief not filed,
parties settled case and
Ohio Supreme Ct.
dismissed appeal.
tabled for now as only
at the appeal stage.
Too narrow an issue on
appeal for NASP
involvement.
Statute of Limitaion
blown by counsel as
trial level. Not good
arguments to extend.