Parties Seek 9th Circuit’s Review Of Validity Of Lien Claim, ERISA Preemption

(September 11, 2018, 11:16 AM EDT) -- HONOLULU — In an Aug. 29 reply brief, a plaintiff who was injured in a motorcycle crash clarified in a reply brief filed in the Ninth Circuit U.S. Court of Appeals that he petitioned the district court to determine what amount of a third-party tort settlement recovery could be recovered by his health insurer under Hawaii law and not that the terms of the health insurer’s plan regarding reimbursement are void (Randy Rudel v. Hawaii Management Alliance Association, et al., Nos. 17-17395, 17-17460, 9th Cir.)....