U.S. District Court Sanctions MSP Recovery and Counsel for Misstatement in Pleadings
We are continuing to monitor the nationwide string of suits filed by MAO-MSO Recovery II, LLC and MSP Recovery, LLC (“Plaintiffs”)...
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Melisa Zwilling
Apr 6, 2018
District Court Affirms Medicare Advantage Organization’s Right to Sue Primary Plans Pursuant to the
A U.S. District Court followed the trend of permitting a Medicare Advantage Organization (“MAO”) to sue pursuant to the Medicare...
Melisa Zwilling
Apr 6, 2018
Fifth Circuit District Court Allows MAO Action Seeking Reimbursement from Tort Settlement Fund to Go
On March 16, 2018, the United States District Court for the Southern District of Texas denied defendant’s Motion to dismiss in Humana,...
Melisa Zwilling
Mar 29, 2018
11th Circuit District Court: MAO Action Against Treatment Provider Under PCOA Provision of MSP May P
A U.S. District Court for the Southern District of Florida recently held that a Medicare Advantage Organization (MAO) may bring an action...
Melisa Zwilling
Mar 23, 2018
U.S. District Court Holds that a Plaintiff Must Exhaust Administrative Proceedings Prior to Judicial
A U.S. District Court affirmed that a plaintiff must exhaust the administrative appeals process before seeking a declaratory judgment...
Melisa Zwilling
Mar 31, 2017
U.S. District Court Again Follows Eleventh Circuit Decision Finding that the Existence of a Contract
MSP Recovery, LLC v. Allstate Ins. Co., No. 15-21532, 2017 U.S. Dist. LEXIS 41424 (U.S. Dist. S.D. Fla., March 21, 2017) was recently...
Melisa Zwilling
Mar 31, 2017
U.S. District Court Again Relies on Eleventh Circuit Decisions And Allows Medicare Advantage Organiz
In the recent case, Mspa v. Century Sur. Co., No. 16-20752, 2017 U.S. Dist. LEXIS 37040 (U.S. Dist. S.D. Fla., March 15, 2017), the...
Melisa Zwilling
Nov 15, 2016
District Court Grants Motion to Dismiss After U.S. Argues that Court Lacks Jurisdiction Over Medicar
In Cheryl Nelson & Geico Gen. Ins. Co. v. Medi-Cal., No. 1:16-cv-01328-LJO-BAM, 2016 U.S. Dist. Ct. LEXIS 153596 (E.D. Cal., November 4,...
Melisa Zwilling
Oct 26, 2016
US District Court Approves Split of Settlement Funds between CMS and TriCare
The present action, Geico Gen. Ins. Co. v. Dep’t of the Navy Med. Care Recovery Unit, arises out of a motor vehicle accident where June...
Melisa Zwilling
Aug 1, 2016
US District Court: Ruling in Sexton vs. Medicare
In Sexton v. Medicare, 2016 U.S. Dist. LEXIS 89818, Medicare made conditional payments for Plaintiff’s treatment after Plaintiff was...
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