TEXAS FEDERAL COURT PROTECTS SETTLEMENT FUNDS
PLACED IN SPECIAL NEEDS TRUST
In ACS Recovery Service v. Griffin, No. 6:09-cv0512, (March 23, 2011), the Federal Court,
Eastern District, Texas (Tyler Division) adopted the magistrate's recommendation and dismissed this reimbursement claim in the amount of $50,076.19 because the tort recovery of $300,000 had been placed in a Special Needs Trust. Even though the trustee was a named
defendant in this action, the tort recovery was never in the possession of the ERISA participant's possession. This decision relies upon Great West Life v. Knudson.
Call 800-888-1743 or e-mail Brett Newman at bnewman@plaintiffsolutionsupdate.com
GREGORY CHANDLER, Attorney at Law
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