Supreme Court of Delaware

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Asbestos Workers Local Union No. 42 Welfare Fund v. Brewster, 568, 2006

In a subrogation action brought by an ERISA Fund wherein one of its members sought to have her medical expenses from an automobile accident paid by the Fund, summary judgment for plan administrators is affirmed whereby: 1) the Fund's state law subrogation claim was preempted by ERISA section 514, as the claim "relates to" the ERISA plan; and 2) the Fund's subrogation claim duplicated or supplemented a civil enforcement remedy available to the Fund under section 502(a)(3) of ERISA.

Appellate Information

  • Decided 11/21/2007
  • Published 11/21/2007


  • RIDGELY, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en banc.


  • Supreme Court of Delaware


  • For Appellant:
  • Claiborne S. Newlin, Esquire, of Meranze and Katz, P.C., Wilmington, Delaware and David A. Gaudioso, Esquire (argued), of Meranze and Katz, P.C., Philadelphia, Pennsylvania, for Appellant.

  • For Appellees:
  • Charles Snyderman, Esquire, of Charles Snyderman, P.A., Wilmington, Delaware, for Appellees.
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