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New Decisions in MSP Recovery Cases

The U.S. District Court for the Southern District of Florida has issued more orders in two separate MSP Recovery cases. In MSP Recovery Claims, Series LLC v. United Services Automobile Association, the Court partially granted the Defendants’ Motion to Dismiss. In response to the Motion to Dismiss, the Court allowed the action to continued, but disallowed the Plaintiffs’ exhibits to serve as the basis for standing, finding that the exhibits did not constitute well-pleaded factual allegations.

In Series LLC v. Prime, the Plaintiffs moved to compel discovery of the Defendant’s Section 111 reports and extend the discovery period in the case. The Court denied the motion, holding that requiring the Defendants to produce Section 111 reports “would mean turning over large volumes of personal information guaranteed not to be relevant to Plaintiffs’ claims” and noted that “Plaintiffs already have access to the realm of potential claims that they have been assigned through accessing portions of Section 111 data that primary payers like Defendants submit to a government portal.”


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