WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 12 denied review of a divided en banc Fifth Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act permits health plan fiduciaries to seek reimbursement for medical benefits the plan paid on behalf of a participant from a special needs trust funded by a third-party tortfeasor settlement (Larry Griffin Special Needs Trust, et al. v. ACS Recovery Services, Inc., et al., No. 13-182, U.S. Sup.).