FEHBA Preemption and Common Fund Doctrine
Question: Is there any federal common law that supports the “common fund” doctrine?
Answer: I think you are getting ready to lose this one. I have read Helfrich and find it sobering. The problem I see is that the judge is going to be bound to follow Helfrich, because it is a 10th Circuit decision, binding on her/him as a District Judge in the Circuit. Beyond that, the only court which can reverse Helfrich is the Supreme Court. And, getting there will require a split in the circuits, which I do not see.
Posted on Tue, February 28, 2017
by Michal Lusk filed under