Legal Opinion

In Re Managed Care Litigation

District Court, S.D. Florida

Decided June 20, 2001No. MDL 1334. No. 00-1334-MDPublishedCited by 25 opinions

1Opinion of the Court

ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE

MORENO, District Judge.

Plaintiffs are patients suing managed care insurance companies (“MCOs”) for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), aiding and abetting a scheme to violate RICO, the Employee Retirement Income Security Act (“ERISA”), and common law conspiracy. With the exception of Price v. Humana, the Court dismisses, without prejudice, the RICO claims because the Plaintiffs, at this time, have not properly pled the predicate acts of mail and wire fraud with particularity. The Court denies…

2Cases cited67 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  4. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  5. United States v. TurketteSupreme Court of the United States · 1981

62 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Nechis v. Oxford Health Plans, Inc.Court of Appeals for the Second Circuit · 2005
  2. In Re Bridgestone/Firestone, Inc. Tires ProductsDistrict Court, S.D. Indiana · 2001
  3. In Re Managed Care LitigationDistrict Court, S.D. Florida · 2003
  4. In Re Managed Care LitigationDistrict Court, S.D. Florida · 2002
  5. Abels v. JPMorgan Chase Bank, N.A.District Court, S.D. Florida · 2009

20 more not listed; retrieve them via the Exa API.

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