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...Read More
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...Read More
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...Read More
11th Circuit Puts Insurers on the Hook to Repay Billions Eleventh Circuit Court Rules Again in Favor of Medicare Advantage Plans: Contract of Insurance Demonstrates Responsibility to Pay Eleventh Circuit Finds Mere Existence Of Insurance Contract Satisfies Condition Precedent To Action For Double Damages Under The Medicare Secondary Payer ActRead More
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 utomobile insurance, but also an enrolled of a Medicare Advantage (“MA”) health plan offered by a Medicare Advantage Organization (“MAO”). Joe goes to the hospital as a...Read More
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...Read More
