Lowey Dannenberg secured judgments dismissing the class action lawsuits, which sought to apply New York State’s anti-subrogation law to void health insurance plans’ subrogation and reimbursement rights in New York. Meek-Horton v. Trover, et al., 910 F. Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F. Supp. 2d 185 (S.D.N.Y. 2012).
Lowey Dannenberg defended Aetna and secured judgments dismissing the class action lawsuits seeking to bar certain reimbursement lien recoveries under New Jersey lawMinerley v. Aetna, Inc., No. 13-cv-1377, 2019 WL 2635991 (D.N.J. June 27, 2019), aff’d, No. 19-2730, 2020 WL 734448 (3d Cir. Feb. 13, 2020); Roche v. Aetna, Inc. 165 F. Supp. 3d 180 (D.N.J. 2016), aff’d, 681 F. App’x 117 (3d Cir. 2017).
Lowey Dannenberg defended Aetna against a medical services provider for an alleged failure to pay for services provided. Bassel v. Aetna Health Ins. Co. of New York, No. 17-cv-5179, 2018 WL 4288635 (E.D.N.Y. Sept. 7, 2018) (denying plaintiff’s motion to remand and dismissing the complaint due to ERISA preemption; Bassel v. Aetna Health & Life Ins. Co., No. 8280/19, 2020 WL 1223975 (N.Y. Civ. Ct. Mar. 12, 2020) (dismissing the complaint on grounds that communications between plaintiff and Aetna did not give rise to an independent legal duty).
Lowey Dannenberg successfully defended Aetna against numerous actions brought by out-of-network medical providers. LI Neuroscience Specialists v. Aetna, Inc., No. 17-cv-7513 (E.D.N.Y); Neuroscience Specialists v. Aetna, Inc., 17-cv-7514, (E.D.N.Y); Long Island Neurosurgical Associates, P.C. v. Aetna Life Ins. Co., Nos. 18-cv-2144, 19-cv-01003 (E.D.N.Y.).
Lowey obtained emergency injunctive relief on behalf of Federated Investors, one of the largest investment firms in the country with over $363 billion in assets under management, preventing the Government of Argentina from canceling outstanding bonds with a face value of more than $500 million, which had been erroneously tendered by those bondholders. Federated Investment Management Company, et al., v. Republic of Argentina, et al., 10 Civ. 4324 (S.D.N.Y. 2010) (Griesa, J.).
The firm won dismissal of a class action lawsuit alleging that our client, Aetna, improperly reimbursed pharmacy provider claims. Elliot Plaza Pharmacy v. Aetna U.S. Healthcare, 2009 WL 702837 (N.D. Okla. March 16, 2009).
Lowey Dannenberg won dismissal of claims for misrepresentation, breach of contract, unjust enrichment and conspiracy. The action alleged that Aetna failed to reimburse pharmacies “according to an agreed-upon formula for brand name prescriptions dispensed to Defendants’ insureds.” The firm argued and won one of the first significant opinions on jurisdiction under the Class Action Fairness Act (CAFA). Main Drug, Inc. v. Aetna U.S. Healthcare, 475 F.3d 1228 (11th Cir. 2007) (dismissing appeals from Main Drug, Inc. v. Aetna U.S. Healthcare, 455 F. Supp. 2d 1323 (M.D. Ala. 2006) and 455 F. Supp. 2d 1317 (M.D. Ala. 2005)).
Lowey Dannenberg represented Humana in a successful dismissal of a class action. Medfusion Rx, LLC v. Humana Health Plan, Inc., case no. CV-08-PWG-0451-S (N.D. Ala. 2008).
Lowey Dannenberg is defending Aetna in a class action related to state anti-subrogation laws. Minerley v. Aetna Inc., et al., 13-cv-1337 (D.N.J.). Lowey Dannenberg has defended and won dismissal of several similar class action lawsuits against health insurance clients: Wurtz v. Rawlings Co., LLC, 2016 WL 7174674 (E.D.N.Y. Nov. 17, 2016); Meek-Horton v. Trover, et al., 910 F.Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F.Supp. 2d 185 (S.D.N.Y. 2012). In Meek Horton and Potts, the firm won judgments dismissing the class action lawsuits, which sought to apply New York State’s anti-subrogation law to void health insurance plans’ subrogation and reimbursement rights in New York. The firm also won judgment dismissing similar claims under New Jersey law. Roche v. Aetna, Inc., 165 F.Supp.3d 180 (D.N.J. 2016); Mattson v. Aetna Life Ins. Co., 124 F.Supp. 3d 381 (D.N.J. 2015).