ERISA • Subrogation • Mootness • Standing • “Injury”
Danko v. Nat’l R.R. Passenger Corp., PICS Case No. 17-0329 (E.D. Pa. Feb. 10, 2017) Rufe, J. (9 pages).
Plaintiffs alleged defendant violated the subrogation terms of its health insurance plan and sought recovery of attorney fees and costs and declaratory and injunctive relief, defendant moved to dismiss on the grounds of mootness and lack of standing since defendant waived any right to further reimbursement after the complaint was filed and the court found that plaintiffs had standing and that the claims for attorney fees were not moot. Motion granted in part and denied in part.
