I posted here, here, here, here and here last month about an attempt in Congress to amend ERISA to eviscerate the doctrine of equitable subrogation. Since then several things have happened. The Association of Trial Lawyers of America has come out in opposition to the change. Kevin Drum, a high profile political blogger, had a comment about it. There is a letter writing campaign by a number of prominent attorneys and law professors to oppose the amendment.

I don’t believe the members of the conference committee have yet been appointed to integrate the differences between the House and the Senate versions of the bill. It is in the conference committee that we’ll find out whether the change the House inserted at the last minute will make it through the reconciliation process. I’ll update more on the status of that process as I get it.

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