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Simpson Thacher Defeats Class Certification for ACE American in Action Alleging Violations of the Medicare Secondary Payer Act

06.08.22

On June 7, 2022, U.S. District Judge Seitz denied a motion for class certification in litigation pending in Miami, Florida against ACE American Insurance Company alleging widespread violations of the Medicare Secondary Payer Act. The Court held that plaintiff, who sought to represent health insurers and medical providers, failed to establish that it had standing, proposed an improper fail-safe class, and otherwise could not satisfy the requirements of Federal Rule of Civil Procedure 23.

The Simpson Thacher team included Bryce Friedman, Alan Turner, Chris Janszky and Evan Gilbert.