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MSP Recovery Law Firm News
After several wins at the U.S. Court of Appeals for the 11th Circuit, MSP Recovery made history again obtaining class certification for Medicare Advantage Organizations based on the principles of Medicare Secondary Payer law, against IDS Insurance Company. On April 20, 2017, the Honorable Judge Antonio Arzola entered a 56-page Order Granting the Motion to...
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On August 8, 2016, the United States Court of Appeals, in Humana Medical Plan v. Western Heritage, held that the Medicare Secondary Payer Act (“MSP Act”) “clearly indicates” that a Medicare Advantage Organization (“MAO”) may bring a private cause of action” against a primary plan, which completely supports MSP Recovery Law Firm’s (“MSP Recovery”) long-held...
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The Eleventh Circuit Court of Appeals follows the Third Circuit’s lead by finding a Medicare Advantage Organization (MAO) has a private cause of action to pursue reimbursement under the Medicare Secondary Payer Act (MSP). A case of first impression, Humana Med. Plan v. W. Heritage Ins. Co., touched upon whether the MSP private cause of...
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INSURANCE COMPANY IDS’ ATTEMPT TO STOP MSP’S CLASS ACTION FROM MOVING FORWARD IS DENIED BY THE APPELLATE COURT REQUIRING A FACE OFF BETWEEN IDS AND MSP IN LESS THAN 30 DAYS WHERE INSURER IS EXPOSED TO MILLIONS IN REPAYMENT On Monday, August 1st, 2016, MSP Recovery Law Firm secured an appellate victory as the Third...
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From March to July of 2016, MSP Recovery Law Firm (“MSP Recovery”) reached landmark achievements winning seven favorable orders, against various auto insurers, remanding its cases from federal court back to state court. There were two types of cases overall, removal to federal court based on Plaintiff’s: (1) state law claims and (2) amended complaint...
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It should be of no surprise defendants prefer federal courts. Favorable procedural rules, offers of judgment, and unavailability of interlocutory appeals are just some of the reasons why defendants would conclude that a federal court in essence affords them a “home field advantage.” As a result, defense attorneys tirelessly seek removal. In a massive attack...
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On Tuesday, June 28, 2016, MSP Recovery Law Firm won a major victory for Medicare Advantage Organizations (“MAO”). In MSP v. Ocean Harbor, the Honorable Judge Samantha Ruiz-Cohen denied an auto insurer’s (“Defendant”) attempt to dismiss an MAO’s (“Plaintiff”) suit. The court held that the MAO clearly established that Florida state court had jurisdiction to...
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On Tuesday, May 31, 2016, MSP Recovery Law Firm (“MSP Recovery”) won a major victory for the Medicare Advantage Organizations’ (“MAO”) reimbursement rights and its clients. MSP Recovery solidified a fine-line between state law claims and federal court jurisdiction. In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, MSP...
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Suppose Joe is sixty-nine (69) years old, and while driving down I-95, another vehicle suddenly rear-ends him. Joe has Personal Injury Protection (“PIP”) coverage as part of his automobile insurance, but also an enrollee of a Medicare Advantage (“MA”) health plan offered by a Medicare Advantage Organization (“MAO”). Joe goes to the hospital as a...
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Court agrees with MSP Recovery on demonstrated responsibility and further strengthens a Medicare Advantage Organization’s (“MAO”) ability to recover monies. On June 24, 2015, the U.S. District Court, Southern District of Florida, ruled in MSP Recovery’s favor in the case styled “MSP Recovery, LLC v. Allstate Insurance Company”. The claim arose from a motor vehicle...
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