John’s amicus briefs include:
- Rhea v. Alan Ritchey, Inc. Welfare Benefit Plan, 858 F.3d 340 (5th Cir. 2017) – The Fifth Circuit held that a summary plan description can constitute a written instrument of an ERISA plan if it is the only document which would satisfy one of the four required elements of a written plan. John co-authored an amicus brief for the National Association of Subrogation Professionals.
- Humana Medical Plan, Inc. v. Western Heritage Insurance Co., 832 F.3d 1229 (11th Cir. 2016) – The Eleventh Circuit Court of Appeals held that the private right of action found in the Medicare Secondary Payer Act may be utilized by a Medicare Advantage Organization to enforce a claim for reimbursement of conditional payments. John co-authored an amicus brief on behalf of America’s Health Insurance Plans.
- US Airways, Inc. v. McCutchen, 569 U.S. 88 (2013) – This landmark decision by the United States Supreme Court held that unambiguous language in an ERISA plan will be enforced without application of equitable defenses. John co-authored an amicus brief on behalf of the National Association of Subrogation Professionals, the Self Insurance Institute of America and the Western Pennsylvania Teamsters urging the Supreme Court to review the case. John co-authored a second amicus brief supporting the plan when the Supreme Court reviewed the case on its merits.
- Sereboff v. Mid Atlantic Medical Services, Inc., 547 U.S. 356 (2006) - The United States Supreme Court recognized that “equitable lien by agreement” constitutes appropriate equitable relief under ERISA’s remedial scheme. John co-authored an amicus brief on behalf of the National Association of Subrogation Professionals supporting the arguments of the ERISA plan. John also assisted the plan’s Supreme Court counsel in preparing for oral argument.