Roger Baron

Roger Baron
Alma mater University of Missouri School of Law
Occupation Professor, University of South Dakota School of Law
Website erisawithprofessorbaron.com/

Professor Roger Baron, an ERISA Subrogation and Reimbursement Expert, has been teaching at the University of South Dakota School of Law since 1990. He has become a recognized advocate for the rights of ERISA participants and beneficiaries in connection with the aggressive pursuit of ERISA reimbursement (subrogation) claims which came into vogue in the 1990s. ERISA reimbursement claims are filed by ERISA plans and their insurers, seeking a return of money spent on medical claims paid as part of health insurance coverage. These claims are pursued on a “first dollar priority” basis and often consume the all or most of tort recovery secured by the ERISA participant/beneficiary, leaving the person penniless. Professor Baron is a 1976 graduate of the University of Missouri at Columbia School of Law. He practiced law in Missouri for nine years before beginning his teaching career at South Texas College of Law in 1985. He is licensed to practice law in Missouri, Texas and South Dakota. His writings on ERISA Reimbursement and subrogation have been cited in written opinions by Federal Courts in Nebraska, Illinois, New Jersey, and Washington. In addition to the subjects of Subrogation and ERISA Reimbursement, Professor Baron has also authored numerous other law review articles on the topics of Insurance, Civil Procedure and Family Law. Professor Baron’s other non-ERISA law review articles have been cited and quoted with approval by state supreme courts and appellate courts in Alabama, Arkansas, California, Michigan, Missouri, New Jersey, North Carolina, North Dakota, Puerto Rico, South Dakota, Texas, Washington, West Virginia, Wisconsin, and Wyoming. Professor Baron was named the recipient of the John Wesley Jackson Outstanding Faculty Award in 1995 and again in 2008. This is an award given to a law professor at the University of South Dakota who demonstrates excellence in teaching.[1][2]

ERISA Reimbursement and Subrogation Articles Written By Professor Baron

Notable Supreme Court Cases in which Professor Baron has Participated

The Sereboffs argue that, even if the relief Mid Atlantic sought was “equitable” under § 502(a)(3), it was not “appropriate” under that provision in that it contravened principles like the make-whole doctrine. Neither the District Court nor the Court of Appeals considered the argument that Mid Atlantic’s claim was not “appropriate” apart from the contention that it was not “equitable,” and from our examination of the record it does not appear that the Sereboffs raised this distinct assertion below. We decline to consider it for the first time here.[17]

References

  1. http://www.usd.edu/law/baron.cfm
  2. http://erisawithprofessorbaron.com/about/professor-roger-baron/
  3. http://www2.law.mercer.edu/lawreview/files/55202.pdf
  4. Providence Health System-Washington v. Bush, 2006 WL 3249199 (W.D.Wash. 11/8/06) [applying the “make whole” doctrine in ERISA reimbursement case, citing Mercer Law Review article on ERISA reimbursement]
  5. Donaldson v. Pharmacia Pension Plan, 435 F.Supp.2d 853, 2006 WL 1669789 (S.D. Ill.) (decided 6/14/06) [United States District Court, Southern District Illinois citing and quoting Mercer Law Review article on ERISA reimbursement at *10.]
  6. http://erisawithprofessorbaron.com/wp-content/uploads/Subrogation-A-Pandoras-Box-Article.pdf
  7. In re Complaint of Weeks Marine, Inc., 2006 WL 1843130 (D.N.J.) (decided 6/30/06)[United States District Court for New Jersey citing South Dakota Law Review article on Subrogation at footnote 4, at * 4]
  8. Volquardson v. Hartford Insurance Co., 2003 WL 1191404 (D.Neb. 2003)(only the Westlaw citation is currently available for this case) (decided March 14, 2003)[Federal District Court, Judge Urbom, citing South Dakota Law Review article on Subrogation at * 6]
  9. http://erisawithprofessorbaron.com
  10. Mahler v. Szucs, 957 P.2d 632 (Wash. 1998) [Supreme Court of Washington citing and quoting Dickinson Law Review article on Subrogation on Medical Expense Claims, 957 P.2d at p. 641]
  11. http://www.plaintiffsresource.com/temp/ts_F7DADCE1-C2EA-340F-8C73A3B99158C714F7DADCF1-07D0-B7D5-9B4EE0C90BC41E52/EightWaysArticle.pdf
  12. http://www.wptla.org/advocate.html
  13. http://www.plaintiffsolutionscenter.com/erisamt.pdf
  14. http://www.plaintiffsolutionscenter.com/transperancyerisa.pdf
  15. http://erisawithprofessorbaron.com/wp-content/uploads/Marilyn-Trefz-ERISA-article-KJA.pdf
  16. http://erisawithprofessorbaron.com/us-supreme-court-erisa-cases/
  17. Sereboff v. Mid Atlantic Medical Services, Inc., 126 S.Ct. 1869, 74 USLW 4240, 164 L.Ed.2d 612, (May 15, 2006)
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