U.S. EX REL. ANGELO v. ALLSTATE INS.

No. 23-1196.

106 F.4th 441 (2024)

UNITED STATES of America, et al. EX REL. Michael ANGELO and MSP WB, LLC, Relators-Appellants, v. ALLSTATE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 27, 2024.


Attorney(s) appearing for the Case

ARGUED: J. Alfredo Armas, ARMAS BERTRAN ZINCONE, Coral Gables, Florida, for Appellants. Linda T. Coberly, WINSTON & STRAWN LLP, Chicago, Illinois, for Insurer Appellees. Robert C. Folland, BARNES & THORNBURG LLP, Columbus, Ohio, for Appellee Insurance Services Office, Inc. ON BRIEF: J. Alfredo Armas, ARMAS BERTRAN ZINCONE, Coral Gables, Florida, Shereef H. Akeel, Adam S. Akeel, Samuel R. Simkins, AKEEL & VALENTINE, PLC, Troy, Michigan, John W. Cleary, Ryan H. Susman, MSP RECOVERY LAW FIRM, Coral Gables, Florida, for Appellants. Linda T. Coberly, WINSTON & STRAWN LLP, Chicago, Illinois, Steven M. Levy, DENTONS US LLP, Chicago, Illinois, Fred K. Herrmann, KERR, RUSSELL AND WEBER, PLC, Detroit, Michigan, for Insurer Appellees. Robert C. Folland, BARNES & THORNBURG LLP, Columbus, Ohio, for Appellee Insurance Services Office, Inc. David J. Farber, KING & SPALDING LLP, Washington, D.C., for Amici Curiae.

Before: BOGGS, SUHRHEINRICH, and READLER, Circuit Judges.


OPINION

Relators allege that Allstate Insurance violated the False Claims Act by skirting its obligations under the Medicare Secondary Payer Act. After multiple amendments by relators, the district court deemed their second amended complaint deficient in numerous respects and dismissed the case with prejudice...

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