161886P.pdf   08/22/2017  Tim Mackey  v.  Terri Lynn Johnson
   U.S. Court of Appeals Case No:  16-1886
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - ERISA. While defendant Johnson's settlement agreements with 
   the clinic which treated her decedent are ambiguous as to whether she and 
   the clinic settled a claim for medical expenses, the district court did 
   not err in concluding that the other evidence from her lawsuit against the 
   clinic showed that the settlement agreements did cover the claim for 
   medical expenses; as a result, under the subrogation provisions of the 
   ERISA plan, the Fund is entitled to recover whatever Johnson recovered for 
   the decedent's medical expenses, whether or not Johnson ultimately could 
   have recovered the expenses at trial.