WOODS v. EMPIRE HEALTH CHOICE, INC.

Docket No. 07-4208-cv.

574 F.3d 92 (2009)

Jack WOODS, Plaintiff-Appellant, v. EMPIRE HEALTH CHOICE, INC., Empire Medical Services, a division of Empire Health Choice Assurance, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2009.


Attorney(s) appearing for the Case

Edward G. Bailey, Bailey & Sherman, P.C., Douglaston, NY, for Plaintiff-Appellant.

Daly D.E. Temchine (Aime Dempsey, on the brief), Epstein Becker & Green, P.C., New York, NY, for Defendants-Appellees.

Before LEVAL, CABRANES, LIVINGSTON, Circuit Judges.


LIVINGSTON, Circuit Judge:

Plaintiff-Appellant Jack Woods ("Woods") appeals from the August 20, 2007 judgment of the United States District Court for the Eastern District of New York (Irizarry, J.), dismissing for lack of standing his complaint asserting a private cause of action under 42 U.S.C. § 1395y(b), the Medicare Secondary Payer statute (the "MSP"). Woods argues primarily that the MSP's private cause of action provision, 42 U.S.C. § 1395y(b)(3)(A...

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