MSP RECOVERY CLAIMS, SERIES LLC v. QBE HOLDINGS

No. 19-11759.

965 F.3d 1210 (2020)

MSP RECOVERY CLAIMS, SERIES LLC, Series 16-05-456, a designated series of MSP Recovery Claims, Series LLC, Plaintiffs-Appellants, v. QBE HOLDINGS, INC., QBE Insurance Corporation, QBE Reinsurance Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 15, 2020.


Attorney(s) appearing for the Case

Steve Ian Silverman , Ryan Bollman , Kluger Kaplan Silverman , Katzen & Levine, PL, Miami, FL, Yesenia F. Lara , Frank Carlos Quesada , MSP Recovery Law Firm, Miami, FL, for Plaintiffs-Appellants.

Robert W. Fisher , Attorney, Taylor Davis , Attorney, Clyde & Co US LLP, Atlanta, GA, Frederick Jay Fein , Clyde & Co US, LLP, Miami, FL, for Defendants-Appellees.

Michael Menapace , Attorney, Wiggin & Dana, LLP, New Haven, CT, Ivana D. Greco , Attorney, Robinson & Cole, LLP, Hartford, CT, for Amici Curiae American Property and Casualty Insurance Association, Personal Insurance Federation of Florida.

Before MARTIN and NEWSOM, Circuit Judges, and WATKINS, District Judge.


The District Court dismissed for lack of standing this action for damages under the Medicare Secondary Payer Act (the "Act"), 42 U.S.C. § 1395y(b). Following careful review, and with the benefit of oral argument, we affirm the dismissal but remand to the District Court with instructions to dismiss the complaint without...

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