David Joseph Farber , King & Spalding, LLP, Washington, DC, for Amici Curiae The Marc Coalition, The Property Casualty Insurers Association of America.
Ryan Lee Woody , Matthiesen Wickert & Lehrer, SC, Hartford, WI, John David Kolb , Gibson & Sharps, PSC, Louisville, KY, for Amici Curiae The National Association of Subrogation Professionals, America's Health Insurance Plans.
Before WILLIAM PRYOR, BLACK and PARKER, Circuit Judges.
BLACK, Circuit Judge:
Defendant Western Heritage Insurance Co. (Western) appeals the district court's order granting summary judgment in favor of Plaintiff Humana Medical Plan, Inc. (Humana) on Humana's claims for double damages pursuant to the Medicare Secondary Payer Act (MSP) private cause of action, 42 U.S.C. § 1395y(b)(3)(A), and for a...
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