US Airways Inc. v. McCutchen, No. 11-1285; U.S. Supreme Court; opinion by Kagan, J.; dissent by Scalia, J.; decided April 16, 2013. On certiorari to the U.S. Court of Appeals for the Third Circuit.
The health benefits plan established by petitioner US Airways paid $66,866 in medical expenses for injuries suffered by respondent McCutchen, a US Airways employee, in a car accident caused by a third party. The plan entitled US Airways to reimbursement if McCutchen later recovered money from the third party. McCutchen’s attorneys secured $110,000 in payments, and McCutchen received $66,000 after deducting the lawyers’ 40 percent contingency fee. US Airways demanded reimbursement of the full $66,866 it had paid.
