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District court's grant of summary judgment for plaintiff, an ERISA governed, self-funded employee welfare benefit plan, for seeking to enforce the terms of the Plan's reimbursement provisions against the defendant and his client is affirmed where: 1) the district court correctly granted plaintiff equitable restitution as authorized by section 502(a)(3) of ERISA; 2) defendant's judicial estoppel argument fails as it is not applicable where a party argues an inconsistent position based on a change in controlling law; 3) district court ruled correctly that plaintiff's Plan was self-executing and that the Plan language provides for an automatic and valid lien on the settlement funds to the extent of the benefits defendant's client received from the Plan; and 4) defendant is obligated to reimburse the Plan from the funds he received from liable third parties and his decision to commingle these funds and not maintain them intact does not prevent enforcement of plaintiff's equitable lien by agreement under the terms of its ERISA plan.
Argued: October 14, 2009
Decided and Filed: November 16, 2009
Opinion by Circuit Judge Griffin
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