DMC-Memphis, Inc. v. Mutual of Omaha Insurance

OPINION

COLE, Circuit Judge.

Plaintiff seeks to reinstate a suit alleging harm from the tort of being paid too much money. Although many would gladly fall victim to such a wrong, Plaintiff-Appellant DMC Memphis, Inc. (“DMC”) thinks otherwise. After the Department of Health and Human Services (“HHS”)— through its intermediary, Mutual of Omaha Insurance Co. (“Mutual”) — overpaid DMC $1.8 million for medical care that it provided under the Medicare program, DMC was defrauded into turning the money over to its prior owner, New American. By the time HHS asked for its money back, New American had…