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  • U.S. Supreme Court Limits Benefit Plans’ Ability to Recover Costs from Beneficiaries

    The U.S. Supreme Court has ruled that when a participant in an employee benefit plan under the Employee Retirement Income Security Act of 1974 (“ERISA”)…

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  • Idaho Supreme Court Upholds Restitution Order Requiring Defendant Who Pleaded Guilty to Vehicular Manslaughter to Compensate Widow for Health Insurance Premiums

    The Idaho Supreme Court has upheld a trial court’s decision ordering a criminal defendant who had pleaded guilty to vehicular manslaughter to pay…

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  • Connecticut Supreme: State May Obtain Reimbursement from Medicaid Recipient for Medical Costs Recipient Recovered from Liable Third Party

    The Connecticut Supreme Court, affirming an intermediate appellate court’s decision, has ruled that Connecticut law authorized the Connecticut Department…

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  • New York Anti-Subrogation Law Is Not Preempted by ERISA, Second Circuit Rules

    The U.S. Court of Appeals for the Second Circuit, reversing a district court’s decision, has ruled that ERISA did not preempt claims that insurers…

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  • Health Care Provider with Perfected Lien Can Recover from Insurance Company – Even Where Insurer Already Had Paid Its Claims

    An appellate court in Arizona, reversing a trial court’s decision, has ruled that a health care provider with a perfected lien for the costs of its…

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    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • After the Fraud: Defendant Loses Bid to Have RICO Judgment Deemed Satisfied After Two Co-Defendants Settled

    Insurance companies are bringing more and more fraud actions against policyholders, health care providers who treat policyholders, and others involved…

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  • Montana Supreme: No Policy Provision Prevented Insured from Receiving Duplicate Payment for Medical Expenses under Separately Purchased, Uncoordinated Insurance Policies

    The Montana Supreme Court, reversing a trial court’s decision, has ruled that an automobile insurance policy did not prohibit an insured from receiving…

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  • When Health and Auto Insurance Collide: Michigan Supreme Court Limits Insured’s Right to “Double Recovery”

    The Michigan Supreme Court has ruled that a person claiming personal protection insurance (“PIP”) benefits under MCL 500.3114(5)(a) for injuries…

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  • Medicare Advantage Organization Plan Has No Private Right of Action to Pursue Reimbursement, Circuit Holds

    A private Medicare Advantage Organization (“MAO”) plan cannot sue a plan participant’s survivors, seeking reimbursement for advanced…

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  • Montana Top Court: Insured Not Entitled to Funds Auto Insurer Paid to Provider after It Had Received Payment from Health Care Benefits Program

    The Montana Supreme Court reversed a trial court’s decision and ruled that an insured injured in an automobile accident was not entitled to the payments…

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