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McCutchen v. U.S. Airways (US 2013)

Articles Discussing Case:

Supreme Court Forbids Rewrite Of ERISA Plan

Fisher Phillips • April 17, 2013
The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language, and simply rewrite the terms of an ERISA-governed plan in line with its own ideas of what was “fair and equitable.” McCutchen v. U.S. Airways.