U.S. Court of Appeals for the Eleventh Circuit

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Case Updates

Eleventh Circuit rules on tort litigation and the Medicare Secondary Payer statute

August 14, 2006

The Eleventh Circuit ruled that the Medicare Secondary Payer statute (MSP) does not convert garden variety state tort litigation into matters of federal concern.

U.S. Chamber files amicus brief

November 09, 2005

Plaintiffs filed a lawsuit against Philip Morris and Liggett Group arguing that the defendants were required to reimburse Medicare for health care costs they allegedly caused by selling tobacco products. The plaintiffs also argued that, because they had not done so, the defendants should be forced to pay double damages. NCLC urged the court to reject the plaintiff's novel reading of the statute to include actions for double damages for unadjudicated medical expense claims. NCLC argued in its brief that Congress did not intend for double damages actions to be used for reimbursement where the underlying claim had not been resolved.

Case Documents