DAVITA, INC.; DVA Renal Health, Inc., Plaintiffs-Appellants,
v.
MARIETTA MEMORIAL HOSPITAL EMPLOYEE HEALTH BENEFIT PLAN; Marietta Memorial Hospital; Medical Benefits Mutual Life Insurance Co., Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: July 30, 2020.
Decided and Filed: October 14, 2020.
Attorney(s) appearing for the Case
ARGUED: Bobby R. Burchfield , KING & SPALDING LLP, Washington, D.C., for Appellants. William H. Prophater, Jr. , NEWHOUSE, PROPHATER, KOLMAN & HOGAN, LLC, Columbus, Ohio, for Marietta Memorial Appellees. Rodney A. Holaday , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Appellee Medical Benefits Mutual Life Insurance Co. ON BRIEF: Bobby R. Burchfield , KING & SPALDING LLP, Washington, D.C., for Appellants. William H. Prophater, Jr. , D. Wesley Newhouse , NEWHOUSE, PROPHATER, KOLMAN & HOGAN, LLC, Columbus, Ohio, for Marietta Memorial Appellees. Rodney A. Holaday , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, Brent D. Craft , VORYS, SATER, SEYMOUR AND PEASE LLP, Cincinnati, Ohio, for Appellee Medical Mutual Benefits Mutual Life Insurance Co. Deanna J. Reichel , Ryan V. Petty , FISH & RICHARDSON P.C., Minneapolis, Minnesota, Mary L. Stoll , STOLL LAW GROUP, PLLC, Seattle, Washington, John R. Christiansen , CHRISTIANSEN IT LAW, Olympia, Washington, for Amici Curiae.
MOORE, J. (pp. 331-53; app. 353-58), delivered the opinion of the court in which CLAY, J., joined. MURPHY, J. (pp. 358-69), delivered a separate opinion concurring in the judgment in part and dissenting in part.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Plaintiff DaVita, Inc. and its subsidiary, DVA Renal Healthcare, Inc., appeal the district court's dismissal of their lawsuit alleging various violations of the Medicare Secondary Payer Act and the Employee Retirement Income Security Act of 1974 by an employee health benefit plan and its administrators...
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