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Insurance – ERISA — contempt
By: WISCONSIN LAW JOURNAL STAFF//March 13, 2014//
Listen to this articleU.S. Court of Appeals for the Seventh Circuit
Civil
Insurance – ERISA — contempt
Where an employee and her attorney refuse to pay funds belonging to a subrogee, it is ordered that they show cause why they should not be jailed until they pay.
“The defendants’ conduct has been outrageous. After resolving the merits of the underlying suit, the district court should give serious consideration to transmitting copies of this opinion and the record to the Department of Justice and to the General Counsel of the Georgia Bar. In the meantime, we direct the district court to determine whether the defendants should be jailed (a standard remedy for civil contempt, see, e.g., Turner v. Rogers, 131 S. Ct. 2507, 2512–13 (2011); In re Grand Jury Proceedings, 280 F.3d 1103, 1107–08 (7th Cir. 2002)), until they comply with the order to deposit the settlement proceeds in a trust account.”
Dismissed.
13-2214 Central States, Southeast and Southwest Areas health and Welfare Fund v. Lewis
Appeal from the United States District Court for the Northern District of Illinois, Lefkow, J., Posner, J.
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