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Melisa Zwilling
Apr 29, 2016
State Court Orders Double Damages in Private Cause of Action Case
A disturbing decision was issued in February by a Michigan state court in Hull v. Home Depot (Case No. 15-148344-CZ, Oakland County...


Melisa Zwilling
Mar 29, 2016
Petitioner Alleges Violation of the False Claims Act By Making Medicare Primary Payer
In Negron v. Progressive Cas. Ins. Co.., No. 14-577, 2016 U.S. Dist. LEXIS 24994 (U.S Dist. N.J., March 1, 2016), a complaint was brought...


Melisa Zwilling
Mar 23, 2016
US District Court: Plaintiff Responsible for Full Amount of Formal Demand
In Anderson v. Burwell, 2016 U.S. Dist. LEXIS 26633 (March 3, 2016), a case arising out of the United States District Court for the...


Melisa Zwilling
Mar 23, 2016
State Law Limit On Lien Recovery: Not Applicable When Directly Conflicts With Federal Law
In a recent opinion by the Appellate Court of Illinois, McKim v. Southern Illinois Hospital Services, the Court took on the issue of...


Melisa Zwilling
Oct 12, 2015
Sixth Circuit Holds MAO Has Private Cause of Action Under the MSPA
In Cariten Health Plan, Inc. v. Mid-Century Ins. Co., No. 3:14-CV-476-TAV-CCS, 2015 U.S. Dist. Ct. LEXIS 126887 (E.D. Tenn., September 1,...


Melisa Zwilling
Oct 12, 2015
US District Court: Requires More Than Contractual Obligation to Establish Primary Payer Responsibili
We continue to see courts acknowledging the rights of Medicare Advantage Organizations (MAOs) to pursue an action for recovery of...


Melisa Zwilling
Aug 2, 2015
US District Court: Contractual Obligation Does Not Demonstrate Primary Payer Responsibility
In MSPA Claims 1, LLC v. Liberty Mut. Ins., No. 1:15-cv-21417-UU, 2015 U.S. Dist. LEXIS 99188 (S.D. Fla. July 22, 2015), an individual...


Melisa Zwilling
May 28, 2015
Michigan Court of Appeals Allows Plaintiff to Pursue Private Cause of Action against No-Fault Insure
In Holmes v. Farm Bureau Gen. Ins. Co., No. 320723, 2014 Mich. App. LEXIS 1031 (Mich. Ct. App. May 19, 2015), Holmes was injured in a...
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