Fourth Quarter 2008 Summary of Fifth Circuit Cases

Avmed Inc., v. Browngreer PLC, 2008 U.S. App. LEXIS 23747 (5th Cir. Nov. 17, 2008)

A group of non-governmental, self-funded, ERISA health benefit providers sought to enjoin the distribution of interim payments from the settlement of the Vioxx Multidistrict Litigation until a time when they were able to assert equitable rights against any of their clients who were involved in the settlement negotiation process and for whom they had already paid Vioxx-related medical expenses. They sought a preliminary injunction pursuant to 502(a)(3) of the Employee Retirement Income Security Act of 1974. The district court denied request for a preliminary injunction, finding that the health benefit providers failed to demonstrate they fulfilled any of the

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