An Explanation of the Dissipation of Settlement Proceeds in ERISA Matters

  • Blog
  • January 22nd, 2018

The Carpenter Tech. Corp. v. Weida, 2018 U.S. Dist. LEXIS 5559, 2018 WL 398297 case provides a great analysis as to the specifically identifiable fund requirement of the Sereboff line of cases; and when that fund is destroyed by "dissipation" under the Montanile case.

This case is a very well-written, and very specific, District Court decision. Consequently, I would recommend, before blindly distributing funds based on Montanile and this case, to consult your state's ethics rules regarding notification to a third-party claim holder to a fund which you possess. Here, the plan was notified of intent to distribute, but it waited nine months to file the action.

Continue Reading
An Explanation of the Dissipation of Settlement Proceeds in ERISA Matters
View More

Do You Have Questions Regarding Your Client’s Public Benefits Eligibility?

Give the Attorneys at Precision a call at 888.961.LIEN

Stay in the know.

We are dedicated to keeping attorneys informed about cases and changes in the law that will impact their practice. Subscribe to our newsletter to and gain access to analysis of the most recent case law & legislative updates impacting your practice, as well as information about upcoming events & seminars.

By submitting this form, you are consenting to receive marketing emails from: Paramount Settlement Planning, LLC, 3686 Seneca Street, Buffalo, NY, 14224, You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact