Legal Opinion
Phillips v. Kaiser Foundation Health Plan, Inc.
District Court, N.D. California
Decided July 25, 2011No. C 11-02326 CRBPublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM AND ORDER DENYING MOTION TO REMAND AND GRANTING MOTION TO DISMISS WITH PREJUDICE
CHARLES R. BREYER, District Judge.
This is a case by a disgruntled enrollee in Kaiser’s Medicare Advantage Plan (“MAP”). She was injured in a car accident, received medical treatment paid for by Kaiser via her MAP, and then got a $100,000 settlement from a liability insurer in connection with the car accident. Kaiser attempted to recover a substantial portion of that settlement pursuant to its rights under the Medicare statutes as a secondary payer to a third party source of funds (liability insurance).
Pl…
2Cases cited4 opinions
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Heckler v. RingerSupreme Court of the United States · 1984
- Do Sung Uhm v. Humana, Inc.Court of Appeals for the Ninth Circuit · 2010
- Clay v. Permanente Medical Group, Inc.District Court, N.D. California · 2007
3Cited by17 opinions
- Potts v. Rawlings Co.District Court, S.D. New York · 2012
- Lilly v. Jamba Juice Co.District Court, N.D. California · 2014
- Collins v. Wellcare Healthcare Plans, Inc.District Court, E.D. Louisiana · 2014
- Roberts v. United Healthcare Services, Inc.California Court of Appeal · 2016
- Einhorn v. CarePlus Health Plans, Inc.District Court, S.D. Florida · 2014
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